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Scottish Court of Session Decisions >>
James Ellies of Stanhopmills v Anthony Haig of Bymerside. [1693] 4 Brn 40 (5 January 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040040-0087.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Ellies of Stanhopmills v. Anthony Haig of Bymerside
Date: 5 January 1693
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Mr. James Ellies of Stanhopmills, against Anthony Haig of Bymerside. The Lords found an allegeance against a clear liquid bond, especially being now assigned, could not be proven, but only scripto et juramento; and did not allow of Mr. William Nimmo, the creditor's declaration, that it was for a disposition of annuity which was never given, and so causa data causa non secuta; and found that Nimmo being now broken, this could not militate against Mr. Ellies, his assignee.
