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Scottish Court of Session Decisions >>
James Kinloch and Patrick (or William) Syme v Charles Oliphant and Lord Torphichen. [1686] 3 Brn 601 (00 January 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Brn030601-0921.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION. 1685 and 1686.
James Kinloch and Patrick (or William) Syme v. Charles Oliphant and Lord Torphichen
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1685. January 23.—In the case of Mr James Kinloch and Patrick Syme, against Charles Oliphant, clerk, the Lords, on Kemnay's report, before answer, ordain witnesses to be examined ex officio on the matters of fact undermentioned, viz. if they heard Charles Oliphant say, that he esteemed the right made to him not to be worth a sixpence: as also the witnesses present at the communing between the said Mr James Kinloch and Charles Oliphant, whereby it is alleged that the bargain was deserted, and Charles got 1000 merks in satisfaction of his damage by deserting the transaction, to be examined what passed at the said communing. And ordain Charles to condescend, if the said disposition was in his hand shortly before Mr James Kinloch's death, and at what time it was: and ordain the pursuer to condescend on the names of the witnesses to be examined. And, in the mean time, recommend to the Lords Castlebill and Harcus to endeavour to settle the parties. Vide 3d December 1686.
Vol. I. Page 333.
1686. December 3.—The Lords having advised the cause between Mr William Syme, Charles Oliphant, and Lord Torphichen, mentioned 23d January 1685; they preferred Charles's disposition from Mr James Kinloch, though base and gratuitous, without onerous causes, to a posterior disposition given by the said Mr James to Mr William Syme, whose sisters had paid debt for him, and relieved him out of the Tolbooth; though there were great adminicles of contrivance against Charles's right.
