Scottish Court of Session Decisions

Subject_1 RES INTER ALIOS.
Subject_2 SECT. I.

Proof.

Margaret, Elizabeth, Anna, and Isobel Elies, Daughters to the deceased Mr James Elies of Stenhousemills,
v.
James Watson of Saughton and his Curators

Date: 5 Janunry 1712
Case No. No 24.

An oath emitted by the defender in a process of forthcoming, found not to be res jurata as to the assignees of the arrester's debtor, in respect the oath was not taken iis deferentibus, although they compeared in the process, competed upon their interest, and opposed referring to the defender's oath.

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The deceased Watson of Saughton having deponed in a furthcoming against him, at the instance of Mr Robert Blackwood, as executor-creditor to the deceased Mr James Elies, that oath was, in a count and reckoning at the instance of Margaret, Elizabeth, Anna, and Isobel Elies, (assigned by Mr James their father to what Saughton owed him) against James Watson his son and heir, found not to be res jurata as to the pursuer; in respect the oath was not emitted iis deferentibus; albeit they compeared in Blackwood's process, competed upon their interest, opposed the referring to the defender's oath what he owed to their cedent, and craved a term to search for the instruction of the debt.

Fol. Dic. v. 2. p. 347. Forbes, p. 138.