Scottish Court of Session Decisions

Subject_1 WITNESS.

Ker of Greenhead
v.
Scot of Gowdielands

1687. January.
Case No. No. 107.

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In the reduction of a fraudulent disposition, the witnesses adduced for proving a point of fact having deponed, that nihil noverunt, the adducer applied to the Lords, craving the defenders might be examined upon oath concerning the fraud, either as witnesses or as parties.

Alleged for the defenders: That they could not be led as witnesses; because, 1st, They were not cited in the first diligence; 2do, They were parties, nor were they bound to depone as parties, the pursuer having elected his manner of probation by witnesses, and actually examined them.

The Lords refused to examine the defenders, either as parties or as witnesses, for the reasons foresaid.

Harcarse, No. 798, p. 225.