Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Colonel Henry Barclay v. Alexander Arbuthnot of Knox
Date: 21 July 1677
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Alexander Arbuthnot of Knox, being charged upon a bond granted by him to Colonel Hary Barclay, to make the evidents of the lands of Knox forthcoming, when he should necessarily have to do therewith; suspended on this reason, that the colonel sought them merely out of malice to vex the suspender, and it may be to destroy the writs; and they could not condescend on any rational or necessary use they had to do with the writs, when they were exhibited, as the bond required. They jangled long that they needed not, and Alexander pursuing a declarator of recognition, they had cause to crave a sight of the writs to know how the lands held.
The Lords found they behoved to condescend on some use: and as to that pretence of the declarator, we answered,—Alexander was necessitated to take the gift of that recognition; because being incurred by the colonel's own deed, he was aiming to have been made donatar thereto, and so have swept away the estate from Alexander; in respect whereof, he could never doubt but there was a recognition committed.
