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Scottish Court of Session Decisions >>
James Johnston of Sheins v Mary Arnot. [1669] Mor 15793 (24 July 1669)
URL: http://www.bailii.org/scot/cases/ScotCS/1669/Mor3615793-021.html Cite as:
[1669] Mor 15793
The tenor of an assignation found sufficiently proved by the following adminicles; a back-bond granted by the assigner to to the cedent, in which it was fully narrated; and a comprising following up on it.
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In a summons for proving the tenor of an assignation to a comprising made by Mr. Samuel Johnston to Sir Alexander Fowlis of Colingtoun, of the lands of Haprig and others, against John Arnot, there being produced sufficient adminicles, viz. a back-bond granted by Cohngtoun, with the disposition made in favours of Mr. Samuel, conform to the back-bond, wherein the assignation, with the date thereof, were particularly set down, it was debated amongst the Lords, if there was a necessity of the probation of the tenor, by witnesses who had seen the same; and, notwithstanding thereof, they did decern, and found the tenor proved, conform to the back-bond and disposition, in respect it was in re antiqua, and that the assignation was lost through the troubles of the time, and that Colingtoun’s son and his brother, did declare, upon oath, that they knew certainly that Collingtoun, had right by assignation; and, in respect that his name was but borrowed, did grant the back-bond and disposition whereupon Mr. Samuel was infeft under the Great Seal.
