Paction by Declarators, Back-bonds, &c. relative to Personal rights; when real; when personal?
John Scot v. Montgomery
Date: 14 January 1663 Case No. No 23.
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John Scot, as assignee to certain bonds granted by Montgomery to Andrew Robertson, charges Montgomery, who suspends upon this reason, that he instantly instructs by a back-bond, that the bonds are for the price of certain lands, and by the back-bond it is provided, that these sums should not be paid till the writs of the lands were delivered, and payment made of some duties thereof.
The Lords found the back-bond, being before the assignation, relevant against the assignee, albeit the bonds were simple, bearing borrowed money.
