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Scottish Court of Session Decisions >>
The Earl of Winton v The Marquis of Douglas. [1677] 3 Brn 204 (27 July 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn030204-0250.html Cite as:
[1677] 3 Brn 204
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Earl of Winton v. The Marquis of Douglas
Date: 27 July 1677
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In the former session there being a point taken to interlocutor, in the count and reckoning at the Earl of Winton's instance against the Marquis of Douglas, the Lords found the disposition made by the Earl of Angus to Dundonald, mentioning the wadsets, real rights, and other incumbrances on the estate of Paisley, amounting to L.108,770, did not prove the said incumbrances per se; but ordained the Marquis to prove them aliunde, by producing these wadsets and other creditors' rights, and gave him an incident for that effect: notwithstanding it was alleged for the Marquis, that since the said disposition was made use of for instructing of the charge, the same also might be made use of for instructing the incumbrances; which the Lords repelled, 1mo, Because no writ proves pro scribente. 2do, If the disposition had affirmed that the haill price of L. 162,000 was exhausted by real debts, that narration could not have frustrated Winton's relief.
