Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Elizabeth Guthry v. Carnegie of Phineven
Date: 9 February 1694
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Presmennan reported Elizabeth Guthry, late servant to Mrs Mary Mauld, against Carnegie of Phineven, craving up a great many goods, contained in a condescendence, as hers; which Phineven, the executor, alleged belonged to her lady, and consequently now to him. The Lords thought the lady's wearing clothes ought to be given her, on the presumption that they commonly gift these to their servants; though some would have it restricted to old worn clothes; for, as to newer suits, why should creditors be prejudged? And, as to the rings, jewels, and watch, found it relevant that her mistress gifted them to her before her death. Some required also that she should say delivered; but this being a nuncupative legacy, it could extend no further than £100 Scots, not being proven scripto, but only by witnesses. She offered to give her oath that the particulars in the condescendence belonged to her, she having been in possession as well as her mistress; and urged, that one may stop a poinding by offering to depone that the goods are theirs. But, 1mo. The servant cannot be reputed to be in conjunct possession of what is in the house, except what she has in her own trunks; and, in poindings, none are admitted to depone but they who show a disposition. And they ordained it to be proven what goods were lying open, and what were in the lady's cabinet or locked chests.
