Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Alexander Ritchie v. George Wauchop of Gleghornie
Date: 24 July 1668
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Alex. Ritchie, son, and heir served and retoured, to umquhile Mr. James Ritchie, his father, pursues for poinding of the ground of the lands of Cleghornie, upon an heritable bond, containing the sum of 12,000 merks, and infeftment taken thereupon.
Against which, it was alleged,—That no process ought to be granted upon the heritable bond, till the pursuer deliver and procure to the defender a disposition from Doctor Jo. Levingstone to the teinds of Gleghornie, conform to a minute of contract past betwixt the pursuer's father and the defender, and which was partly the onerous cause for which the said bond and infeftment was granted.
Answered and replied,—The foresaid allegeance was not relevant hoc loco, but the defender must pursue the minor and his tutors; who cannot be holden to fulfill that part of the foresaid minute, anent the said teinds of Cleghornie, until decreet be recovered against them therefore: especially considering that the price allowed for the said teinds is a very small part of this principal sum of 12,000 merks, specified in this heritable bond, and which haill sum lies in the defender's hands; and therefore he cannot, upon that pretence, stop now the pursuer, who only craves poinding of the ground for his annualrents.
The Lords repelled the allegeance, in respect of the answer and reply made thereto, and therefore decerned.
Vide infra, Jan, 1676, No. 456; [thir same parties.]
