Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 TRUST.

Tweedie
v.
Loch

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

William Loch, writer, purchased, at a judicial sale, the lands of Earlshaugh. Tweedie alleged, that he had given a mandate to Loch to purchase these lands for him ; that he had accepted of the mandate, and therefore he ought to denude in Tweedie's favour. Mr Loch denied the trust, and objected the Act 1696, and that it was not competent to rear up this mandate or trust by witnesses. The Lords allowed a proof before answer; and, upon advising the proof, assoilyied Mr Loch, upon the insufficiency of the proof.

Another cause,

Skeen against Balfour Ramsay, was precisely similar.