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Scottish Court of Session Decisions >>
Sir William Bruce v Patrick Tullocii. [1696] 4 Brn 313 (25 February 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Brn040313-0676.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Sir William Bruce v. Patrick Tullocii
Date: 25 February 1696
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In the competition for the lands of Cockermains, betwixt Sir William Bruce of Kinross and Patrick Tulloch; Sir William offering to prove, that Tulloch's apprising was satisfied and paid within the legal by his intromissions:—Alleged,—The only title by which he could propone that allegeance, was Mitchell's comprising, which you acquired while you was my trustee; in so far as the only right then standing in your person was my apprising, and by virtue thereof you compelled him to agree; so that you having now denuded of the trust, and retrocessed me, you cannot make use of John Mitchell's apprising of Shaw of Lethingie's lands, to exclude me, contrary to the trust.
The Lords thought it hard that Sir William should obtrude that right; but, in respect he offered to prove he had paid out more sums than the lands were truly worth, they found that relevant to prefer him.
