You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
John Sandilands of Countesswells v Mitchell, in Aberdeen, and Rolland of Disblair. [1696] 4 Brn 338 (10 December 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Brn040338-0721.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
John Sandilands of Countesswells v. Mitchell, in Aberdeen, and Rolland of Disblair
Date: 10 December 1696
Click here to view a pdf copy of this documet : PDF Copy
Crocerig reported John Sandilands of Countesswells, against Mitchell, in Aberdeen, and Rolland of Disblair, being a competition between a general and a special assignation to some back-bonds. The general is first intimated; but, wanting the papers when it was drawn, it does not condescend on the date or tenor of it, and bears only a back-bond, in the singular number; whereas there were more than one: and, in a pursuit of exhibition at his instance, Mitchell discovering this defect, he procured a special assignation. But the Lords looked on this as a trick, and preferred the general assignation.
