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Scottish Court of Session Decisions >>
James and George Brown v Robert Leggat and John Wilkie. [1684] 3 Brn 520 (19 November 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Brn030520-0790.html Cite as:
[1684] 3 Brn 520
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
James and George Brown v. Robert Leggat and John Wilkie
Date: 19 November 1684
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James and George Browns, as apparent heirs to Thomas Brown, who died in Holland, gave in a petition to the Lords against Robert Leggat, writer, and John Wilkie, tailor in Edinburgh $ craving that they, their wives, and sons, may, upon oath, exhibit and sequestrate, in one of the clerk's hands, the writs and evidents belonging to the said umquhile Thomas Brown, their younger brother's son, lest the same be abstracted or destroyed; especially the said Robert Leggat being an old man.
Answered,—They were not members of the Session; Leggat having given over his employment as a writer two years ago, for the test; and this in effect is a summons ad deliberandum for inspection, and so ought not to come in thus summarily by a bill: and for sons and wives to depone, is a new style.
The Lords ordained the petitioners to insist via ordinaria by a process; and refused the desire of the petition.
