Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.

Sibbald of Kair
v.
Falconer of Glenfarquharand Guthries

Date: 17 January 1678

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In an exhibition pursued by Sibbald of Kair against Falconer of Glenfarquhar, and Guthries, of some writs; in regard the defenders Guthries were not personally apprehended on the second summons, therefore the Lords found their procurator was not obliged to take a day to produce them, to depone anent the having of the papers called for, since they could not be holden as confessed; albeit it was alleged, that they lurked and kept themselves out of the way of purpose, or for fear of caption.

Advocates' MS. No. 710, folio 316.