Colonel Hamilton, for the Children of General Douglas, v. Robert Colvil's Representatives
Date: 28 December 1699 Case No. No 11.
Warrant was craved against the representatives of a deceased agent, to get up papers summarily.
This found incompetent, and that exhibition in the usual manner was necessary.
The agent had been also factor for the parties.
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The children of General Douglas having sundry papers in the deceased Robert Colvil's hands, Colonel Hamilton, their maternal uncle and tutor, gives in a bill, craving a warrant to get them summarily up, on a receipt upon inventory, and on paying what was due to the said Robert by account. It was suggested, these papers came not into his hands as agent and writer for them, in which case they might be re-demanded by bill against a member of the house, but that he was also factor for managing their business, and some of the writs might be instructions of his accounts; therefore the Lords found they could not be given up in this manner, but his heirs behoved to be called via ordinaria in an exhibition tanquam quilibet; though the children may have prejudice medio tempore by some of the debtors in the bonds turning insolvent; but forms must be observed.
Fol. Dic. v. 1. p. 152. Fountainhall, v. 2. p. 76.
