Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Bailie John Chancellor v. Walter Cornwal of Bonhard
Date: 12 February 1695
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Crocerig reported Bailie John Chancellor against Walter Cornwal of Bonhard, for payment of 6000 merks, contained in a decreet obtained by him against his father, wherein he had arrested that sum in his hands, as debtor therein to Sir George Drumond; and a day being taken to produce him, he was holden as confessed, and the term circumduced against him. Alleged,—All the ground you had to lay on that arrestment was, Because he was standing debtor in Provost Drummond's book; and offered to prove, by his oath, that was the cause of it; and, that being acknowledged, then offered to prove, he was only stated debtor there in £9 Scots, for a candebeck-hat.
The Lords being unwilling to loose decreets, where parties were dead, and so the mean of probation was perished, yet that it might not be vinculum iniquitatis, they, in this case, ordained Bailie Chancellor, ex officio, to depone upon what ground of suspicion he arrested that sum in Bonhard's hands, as due to Provost Drummond, and the count-books to be produced, and any other documents and evidences, to instruct Bonhard was debtor to him aliunde than by the count-book.
