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Scottish Court of Session Decisions >>
Creditors of Andrew Bryson v His Son. [1662] Mor 3977 (14 November 1662)
URL: http://www.bailii.org/scot/cases/ScotCS/1662/Mor1003977-019.html Cite as:
[1662] Mor 3977
Oath ex officio anent having writs, was allowed to be given by a person, if they had been in his possession, and how he had put them away, but not if he knew who had them.
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In an account and reckoning betwixt the Creditors and Bairns of umquhile Andrew Bryson, the auditor being warranted to call all parties, havers of the said umquhile Andrew his count books before him, his son Mr Andrew being called and examined upon oath, depones, that he neither has them, nor had them since the intenting of the cause, but refused to depone upon his having of the same at any time before, or upon his knowledge who had them.
The Lords having heard the auditor's report thereanent, found that he ought not to be examined upon his knowledge who had them, but that he ought to depone if, at any time before the citation he had the same, and fraudfully put the same away, quia pro possessore habetur qui dolo desiit possidere.
