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An obligation to dispone lands, being put into a writer's hand, in order to form a charter thereupon, found, That the purchaser could not have exhibition of the bond, or oblige the seller to implement, unless he could subsume, that the bond was given to the writer for his, the purchaser's behoof, in order to be delivered up to him.
Durie. Kerse.
*** This case is No. 15. p. 8405. voce Locus Pænitentiæ.
