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Gavin Beugo brought a process against his brother John, for destroying a deed executed by their father in Gavin's favour; and to prove the fact, cited their common brothers and sisters as witnesses. From the examination of two of the brothers and sisters, and some other witnesses, the fact came out, as alleged by Gavin, pretty clear; and that the brothers and sisters had been assisting in destroying the deed; for which reason, Gavin dreading the evidence of the other brothers and sisters, stopped short in his proof, and declined examining them.
John insisted to have the brothers and sisters examined, as having been once cited, and being equally relations to both parties.
Answered: Brothers and sisters may be witnesses against, but not for a defender; and, from the evidence already brought, it appears the witnesses now insisted for have an interest to swear falsely.
“The Lords having advised the proof already adduced, refused to allow the other brothers and sisters to be examined.”
For Gavin, John Dalrymple Craigie.Alt. Miller, Lockhart.
Fac. Coll. No. 31 p. 55.
