Scottish Court of Session Decisions

Subject_1 WITNESS.

Hay of Murie
v.
Phinhaven

1682. January.
Case No. No. 91.

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The lands of Kinmonth being quarrelled as falling under recognition, and there being a joint probation, the defender, the heritor, adduced one —— as witness; against whom it was objected, That he was creditor to Kinmonth, who had nothing to pay his debt if the lands fell under recognition; and consequently the witness would tine or win.

The Lords repelled the objection against the witness, his interest being but consequential; and it did not appear but that the debtor might have objections against the debt, which the witness had assigned to his own son, though after citation, and now Phinhaven was heritor and defender.

Harcarse, No. 783. p. 221.