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Purves v Schaw. [1676] Mor 5740 (12 July 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Mor1405740-016.html Cite as:
[1676] Mor 5740
A horning found not to debar defenders from deponing, or from any thing requiring their personal presence.
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Sir William Purves, as donatar to the escheat of Schaw of Gospitry, pursues declarator. The defender offered to propone defences upon the nullity of the horning. The pursuer produced a horning to debar the defender, by which he was denounced by letters of intercommuning, upon account of conventicles.—It was answered for the defender, That the pursuer, who seeks the defender to compear, with certification, cannot debar him, or crave any certification against him, either to be holden as confest, or any certifications in reductions or improbations, which the Lords have often sustained, and allowed only pursuers to be debarred.
The Lords refused to suffer the pursuer to debar the defender to compear in any thing where his personal presence was requisite, but that he might be debarred from any other defences.
