Click here to view a pdf copy of this documet : PDF Copy
Mr. John Sharp, upon a registered contract betwixt him and umquhile Sir William, his brother, transferred against the said Sir William's sister, Goodwife of Pitlenchie, and her umquhile sister's bairns, children of Dunbar of Burgie, charges them, as heirs to Sir William, to fulfill the said contract, whereby the said Sir William and his heirs were obliged to resign his lands for a mutual tailzie to him and the said Mr. John; and in special charges the heirs to serve themselves, and thereafter to resign, conform to the contract. They suspended, alleging, That, by the contract, they are not bound to infeft themselves, but only to resign; and therefore they must be pursued via actionis, and not summarily charged. The Lords suspend the charge, because they could not make valid resignation, till first they were infeft themselves.
