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Scottish Court of Session Decisions >>
Alexander Adamsoun v John Johnstoun. [1544] Mor 16649 (20 March 1544)
URL: http://www.bailii.org/scot/cases/ScotCS/1544/Mor3816649-008.html Cite as:
[1544] Mor 16649
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Thir persounis may be repellit fra passing upon assise, or beiring of witnes, viz. he that is partner with the partie that sould produce the witnessis; he that is hyrit and conducit throw neid, profit, and winning; he that is the partie's deidlie enemie, and so; Leg. Burg. C. 143. De Except. C. 17. Because inimitie and feid standand betwix the partie and the persoun that is callit to be witness aganis him, is a sufficient cause to repel him fra beiring of witnessing. Nevertheless, gif law borrowis being found be ony persoun to ane uther, and it happin him quha fand the samin, efter the finding thairof, to be summoundit and chargit be ony of our soverane Lord's liegis, to beir leill and suithfast witnessing in ony actioun or cause aganis him to quhom the samin was fund, he on na wayis sould be repellit, bot sould be admittit as witness, notwithstanding that he is under lawborrowis to him; because the samin was fundin befoir that he was sommondit to beir witness in the matter.
