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Scottish Court of Session Decisions >>
The late Lord Rollo's Creditors v The present Lord Rollo. [1682] 3 Brn 425 (22 February 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Brn030425-0620.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 22 February 1682
The late Lord Rollo's Creditors v. The present Lord Rollo
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Some creditors pursuing Lord Rollo on the passive titles, for payment of his father's debt, and witnesses being adduced, they led some other creditors of his; and it being objected against them, that they were to be suspected as interested:
The Lords allowed them, seeing they were not personal creditors merely, but wadsetters secured aliunde; (though he, if once heir, then became liable to them in the requisition;) but with this express declaration and provision, that their testimonies should not prove, when they came to insist against him for their own proper debts, and so it was not in re propria.
Yet it was amicum testimonium illins qui consimilem fovebat causam, who might tyne and win in the cause; and at this rate the creditors who now pursue may be adduced as witnesses to serve those creditors who now depone, in fixing a passive title on my Lord: and the decision was thought dangerous.
