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Scottish Court of Session Decisions >>
Ker of Hundwood, and Ker of Grange, v Ker of Moriston, &c. [1694] 4 Brn 199 (21 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040199-0446.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Ker of Hundwood, and Ker of Grange, v. Ker of Moriston, &c
Date: 21 July 1694
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In a process, pursued by Kers of Hundwood and Grange, against Ker of Moriston and his tutors, the king's advocate appeared, and craved who would abide by the execution of the citation, in regard he would improve it as false: seeing it bore to be subscribed by Robert King, messenger; and he, with the witnesses, declared, that they disclaimed the same, as forged.
The Lords, on this, caused apprehend Grange, and John Alvis, his agent in the cause, to be imprisoned until the affairs were tried; and, in the mean time, to be kept separately till examined, that they may not concert and agree upon a premeditated answer. It seemed a silly forgery, for saving a few dollars' expense, to hazard themselves; it not being the execution of a horning, inhibition, or the like diligence, but of a common summons. But these go very oft unnoticed; and, when they are suspected, few will venture to propone the falsehood peremptorie totius causœ, lest, by the bribing of such mean parties, they may succumb. But Grange, by a petition, condescending upon one Cameron, a messenger, who gave him King's execution, he was liberated, and King ordained to be apprehended.
