Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

The Laird of Polmais
v.
The Lord of Glorrat

Date: 9 January 1672

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The Laird of Polmais pursues a declarator,—that a bond of 2000 merks granted by Polmais, Glorrat, Carden, and several other heritors of the shires of Stirling and Clackmannan, to Mr Andrew Oswald, and whereof Mr Andrew gave an assignation blank in the assignee's name,—that the said blank assignation was to the behoof of the pursuer, and the other heritors of the said shires; and was only to be made use of against Graham of Hiltoun, who was to have uplifted an imposition upon the shire for public use, within the bounds assigned to him, to be uplifted by a division made amongst the heritors; and which being uplifted, and therewith payment made to Mr Andrew Oswald of another sum; for which the said heritors granted bond, at or about the time of this assignation; and, for instructing thereof, adduced an Act of Parliament appointing the shire to be stented for the said other bond, granted to Mr Andrew in stead of this bond, with several acts of the committees of the shires thereanent: And several witnesses being examined ex officio; and the said Mr Andrew Oswald, the cedent; and that the blank assignation remained in Carden's hand, during his life, and, after his decease, in Glorrat's hand during his life, and thereafter in this Glorrat's hand, without filling up the name of the assignee, or any thing done thereupon; being considered;—the Lords found the writs, oaths, and evidences adduced, proved sufficiently, that the assignation was to the behoof and intent foresaid, and that the said intent now ceasing, they declared the bond void and null.

Vol. II, Page 39.