Scottish Court of Session Decisions

Subject_1 DECLINATOR.

Clerkinton
v.
Herdmiston

Date: 26 July 1605
Case No. No 7.

Found that a Lord of Session, who drew up a contract, might be declined, when any cause was intented upon that contract.

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In a removing betwixt the Laird of Clerkington and Herdmiston, the Lords found, that a wife could not give her oath, in prejudice of her husband, upon any promise alleged made by her, either before her marriage or after it. In that same cause they found, that my Lord of Cranston could not be Judge; because the defender's exception was founded upon a contract betwixt the parties, which my Lord Cranston had devised and caused form, and therefore could not judge upon it;—and alleged the practic bewixt Innerwick and Couden-knows, wherein my Lord of Thirlestane, chancellor, was declined, because he had devised and caused form the contract betwixt my Lord Home's father and Innerwick's father, whereupon their cause depended.

Fol. Dic. v. 1. p. 230. Haddington, MS. v. 1. No 949.