Hamilton of Hags, Bailie Graham, and other Creditors of Sir James Stamfield of Newmills, v. John Stamfield
Date: 9 November 1697 Case No. No. 5.
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Hamilton of Hags, Bailie Graham, and other creditors of Sir James Stamfield of Newmills, gave in a petition, shewing, that John Stamfield, his son and apparent heir, was in tecto dying, and had the whole writs of the lands whereof they had raised a summons of sale, and there was hazard of his wife's putting the writs and evidents out of the way; therefore craved an order to cause sequestrate them, and seal up the chests, trunks, and cabinets, where they were, and put them in the custody of the clerk of the process; and to take his oath and his wife's anent any embezzlements; and if any of them has been given out, and where they are. The Lords, in this extraordinary case requiring haste, allowed them to be sealed and put in the clerk's hands, and his own oath to be taken, there being periculum in mora; but refused to examine her upon a bill, seeing the two reasons for her husband's oath did not meet in her case, viz. that he was on death-bed, and that it was his estate that was under roup; else there should be no use for exhibitions viâ ordinariâ, if such summary applications were always granted.
Fol. Dic. v. 2. p. 366. Fountainhall, v. 1. p. 791.
