- Hay, Minister of the Gospel, v. Sir Samuel Forbes of Foveran
Date: 9 July 1712 Case No. No. 146.
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In a spuilzie at the instance of —— Hay against Sir Samuel Forbes, a person called as a party in the process being passed from simpliciter, was allowed to be examined as a witness cum nota; the reason for taking his oath cum nota, was, because the Lords thought that the passing from him might be some obligation upon him to the pursuer, or that perhaps he was passed from to catch greater fish.