Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.

John Ramsay
v.
James Wilson and Others

Date: 11 July 1665

Click here to view a pdf copy of this documet : PDF Copy

John Ramsay, clerk to the hornings, as executor-creditor confirmed to umquhile Alexander Cunninghame, pursues certain persons for delivery of certain goods, confirmed as the proper goods of the defunct; which goods were hypothecated, by the defunct, to umquhile Mr James Aikenhead, who was creditor; and which debt he transferred to John Ramsay, and delivered the goods. And which goods were put in a cellar beneath the ground at the fight of Dunbar: but Mr Robert Byers having gotten knowledge thereof, did seduce John Ramsay's servant maid, whom he had left, in anno 1650, for preservation of his house in Edinburgh, and goods therein; and the said John Ramsay did not learn what became thereof. But now, after the decease of Mr Robert Byers, having learned that James Wilson, and certain other persons, had the said goods, he has intented action for exhibition and delivery thereof.

It was alleged for the defenders, That they could not exhibit the goods, because they have received them from Mr Robert Byers, and had lent him money thereupon, with a resolutive clause,—that, in case he did not pay the money at the term, the goods to be their own; wherein he having failyied, they have disposed thereupon, and sold them to others: as also the said John did not instruct a sufficient interest or title to prove the goods were his; which he ought to do in rei vindicatione.

The Lords decerned in the exhibition against Wilson and ——, two of the havers, reserving all their defences against the delivery; and ordained Allan, and other of the defenders, to condescend whom to she gave the jewels, et quando.

Page 34.