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Scottish Court of Session Decisions >>
Sir James Dundas v Swinton. [1628] Mor 16662 (10 January 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor3816662-048.html Cite as:
[1628] Mor 16662
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A party admitted to be witness who had made cessionem bonorum, because he was not infamous although poor.
In removal of tenants, the son received witness to the tenants against their master, notwithstanding he was in familia paterna,
Auchinleck MS. p. 254.*** Nicolson reports this case:
Cunningham alleged David Borthwick, witness produced by the pursuer, could not be witness because he was put to liberty ex cessione bonorum by decreet, and so being bankrupt by the act of Parliament against divers est infamus. Answered, Cessio bonorum non notat infamia, and the act is not against cedents bonis judicialiter, but against divers annalzieing fraudfully. Receives him witness by interlocutor reported from the Inner-house after the proponing instantly by Innerteill: Cannot be received the witnesses, because the producer is at the horn. Item, one of them cannot be witness, because he is in familia paterna, and the father is the producer's tenant. Answered, He is a cordiner of his craft, and works now and then in the country, and for the first, it is the witnesses who are not at the horn that craves to be received. Receives not the witnesses produced by the rebel: Receives the cordiner by interlocutor.
