Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

The Laird of Lennox
v.
The Laird of Niddrie

Date: 13 December 1628

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A contract passed betwixt the Laird of Niddrie and Sir James Sandilands, and certain persons whose names wrere blank; in the which a clause was conceived, whereby Niddrie was obliged to relieve the Laird of Lennox of an action of ejection from the coal of Wolmott, at the hands of certain persons. Whereupon Lennox intents action against Niddrie; and, for proving of his summons, used the said contract, which Niddrie alleged to be imperfect, in respect the third party, whose name was blank, was never filled up, nor yet subscribed the same. To the which it was answered, That although the said contract was not perfected, quoad eos who were the third party, yet it was a perfect contract betwixt Niddrie and Sir James, to whom Niddrie was obliged, for onerous causes therein contained, to warrant him and Lennox of the said action. The Lords found, That the said contract was sufficient for Lennox to prove the reason of his summons.

[Idem,] Laird of Lamingtoun against George Foulies, 14th December 1632.

Page 44.