Scottish Court of Session Decisions

Subject_1 WITNESS.

Falconer of Phesdo
v.
Falconer, &c

1750, June 22, 27.
Case No. No. 30.

Click here to view a pdf copy of this documet : PDF Copy

In a reduction of several bonds granted to different relations by Lady Phesdo then 94 years old, being quarrelled on the head of incapacity, of the bonds not being read to the defunct, and of her hand being led; the pursuer examined two of the instrumentary witnesses, servants called up to sign witness; but others of the instrumentary witnesses not examined. Two of the defenders who had got these bonds gave in a petition praying to cite six witnesses. Objected, too late now after the pursuer has adduced his proof. 2dly, These witnesses either got bonds themselves or are nearly related to others who got bonds, or are related to the petitioners themselves. The Lords allowed the instrumentary witnesses to be cited, as to all that had passed at signing the bonds. 2dly, Refused the petition as to the other witness for Elizabeth Douglas, because within the degrees descendant to her. 3dly, Refused the petition as to the other petitioner Patrick Falconer with respect to other witnesses (besides the instrumentary ones) who have got bonds themselves. 27th June, Rejected a witness who was father and administrator-in law to an infant daughter, to whom one of these bonds was given. (See No. 26, voce Writ.)