Scottish Court of Session Decisions

Subject_1 EXHIBITION.
Subject_2 SECT. III.

Demand of exhibition of 'all writs.

Hepburn
v.
Barclay

Date: 25 February 1637
Case No. No 9.

The Lords sustained process at the instance of a bankrupt's creditors against his mother, for exhibition of all writings belonging to him in her custody, tho' no particular writings were condescended on.

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One Hepburn being creditor to Barclay, and Barclay being bankrupt, the said creditor pursues Barclay's mother, as haver of certain bonds and writs pertaining to her son, for production thereof; that he may know and consider, what execution he might lawfully seek thereupon, after sight thereof; in which libel there was no special writs particularly libelled, being unknown to him, whereby he could comprise or arrest the same; in which process it being questioned, if such a general summons could be sustained, or if the defender could in law be holden to answer to such a libel, or to produce for founding of any either action or execution to the creditor,—the Lords sustained this action, in respect that the pursuer had a probable and excusable ignorance of his debtor's writs; as an apparent heir might call for production of his predecessor's writs, that he might advise, if he could enter heir or not to his predecessor, see No 47. p. 2804.

Clerk, Gibson. Fol. Dic. v. 1. p. 281. Durie, p. 830.