Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.
George Suity v. Robert Hepburn
1700.
February29and
June18.
Click here to view a pdf copy of this documet : PDF Copy
February 29.—George Suity against Robert Hepburn, brother to Beinston, who founded on a promise, made by the said George, to quit omissions in the tutory; and he having deponed negativœ, Robert urged a reexamination, because he had erred in jure, in not considering that the words he used,—” I am willing to give you down Elphiston's debt,” &c. implied a promise; but thought it only a communing. 2do. He craved allowance of a transaction he had made with Balnagoun.
Answered to the first,—After one has denied in general, there is no more room for particulars, else perjury might be inferred. As to the second, Though he had an act of the Lords, yet that was no sufficient warrant to transact, these being impetrated periculo petentis; and so cannot defend against the minor.
The Lords repelled Robert Hepburn's defences; whereupon he closed this winter session with an appeal to the Parliament.
Vol. II. Page 95.
June 18.—Robert Hepburn having, on the last of February 1700, entered his protestation to the Parliament against the Lords' sentence; and being charged in the vacance thereon, he gave in a bill of suspension, which he obtained passed, on his finding sufficient caution; which he not being able to find, gives in a bill to the whole Lords, craving they would allow it to pass on juratory caution, and his consigning a disposition, in the terms of the Act of Sederunt.
It occurred to the Lords, That he having appealed to the Parliament, the cognition was devolved to them; and they could not stop execution of their own sentence, unless he renounced his appeal; or, 2do. That he sought suspension on obedience offered; or, 3tio. That the reasons of suspension were emergent and supervenient since the decreet; and therefore the Lords recalled the suspension, and took off the sist of execution, and allowed the charger to go on in his diligence.
