Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Morison of Darsie's Creditors v. Sir John Dempster, &c
Date: 20 February 1695
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[See the prior part of the Report of this Case, Dictionary, page 3804.]
Rankeiler reported Sir Alexander Bruce of Broomhall, and other Creditors of Morison of Darsie, against Sir John Dempster of Pitlever, and Patrick Stiell, mentioned 14th February 1694, anent the reduction of a decreet of count and reckoning obtained by Mr Hary Blyth, whereto Pitlever has now right.
The Lords found it no nullity that Darsie produced sundry rights that were not called for, which were found, on counting, to be paid by intromission within the legal; and that it was not sufficient to infer collusion; but found it was not res judicata quoad such creditors who were not called, and were either in possession at the time of the raising his summons, or stood publicly infeft; for such he ought not to have miskenned. But as to those who compeared, though not ab initio, it was a decreet in foro against them; and, quoad Douglass of Stonypath's wadset of £20,000, and other rights that were not then deducta in judicium, that they might be yet produced and founded on.
