Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, Reported by SIR HEW DALRYMPLE OF NORTH-BERWICK.

John Inglis
v.
Inglis

Date: 25 December 1701

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John Inglis being, upon a brief of idiotry, found, by an inquest, to be an idiot many years ago, he now raises a reduction and declarator, calling his nearest relations, and libelling, that he is now, and hath been of several years bygone, become rei sui satis providus; and concluding, that he ought to be so declared, and that he ought to have the management and direction of his own means and affairs.

In this process, he produces several testificates, that he has reconvalesced; and there being no compearance for the nearest relations called, craved a commission for proving his reconvalescence ; insisting particularly on this ground, that he had attained to an old age of seventy years, or thereby, and was not fit to travel, and that his reconvalescence was notourly known in the shire of Nairn, where he lived, which was of great distance.

The Ordinary thought fit to report a matter of that importance to the whole Lords ; who having considered and reasoned upon the case, granted commission for proving that the pursuer was habit and repute rei sui providus, and reconvalesced ; but refused to grant a commission for proving that he was reconvalesced, and rei sui provides; and found, that he being cognosced idiot by an inquest, he ought to be sisted in their presence, and cognition taken upon proper knowledge that he was now convalesced, and that the evidence that should appear to them, upon inquiry, and discoursing with him, should be advised with a report of the said commission, that he was habit and repute rei sui providus, before they would proceed to reduce the verdict of the inquest, finding that he was idiot.

No. 31, page 39.