One employed as a hand, presumed to have accompted.
Lord Salton v. Fraser
1722.
July. Case No. No 93.
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A son in familia being in use, by his father's directions, to intromit with and uplift subjects belonging to him, was pursued, after his father's death, by the heir, to account for his intromissions. The defender contended, That he was only his father's hand, that he acted without a commission in writ, and what subjects he intromitted with, he delivered to his father, without any receipt. The Lords refused to sustain the process, unless the pursuer would offer to prove resting and owing by the defender's oath. See Appendix.
