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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Lord Rollo v The Laird of Nidrie and Elphingstoun of Selnus. [1665] 1 Brn 510 (4 February 1665)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: The Lord Rollo
v.
The Laird of Nidrie and Elphingstoun of Selnus
4 February 1665 Click here to view a pdf copy of this documet : PDF Copy
In a double poinding, raised at the Lord Rollo's instance, against the Laird of Nidrie, and Elphingstoun of Selnus; which Lord Rollo had granted back-bond of 10,770 merks to John Anderson, as he who had a factory from Margaret Anderson, and her husband, to the foresaid confirmed testament, and haill sums contained therein, whereof this sum of the Lord Rollo's was one; whereunto he craved to be preferred, as having an assignation granted to him of a prior date to that of Anderson;—
The Lords preferred Nidrie; notwithstanding the factory and assignation granted to his author, John Anderson, was posterior in date to the other; in respect of prior intimation and diligence; Nidrie making it appear that he had the said assignation to the Lord Rollo's bond, for an onerous cause: and the Lords had no respect to any private knowledge the Laird of Nidrie, or his author, Anderson, had of any prior right granted by Margaret Anderson and her husband to Selnus; and assoilyied the Lord Rollo, for once and single payment.
Page 25.
The electronic version of the text was provided by the Scottish Council of Law Reporting