Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr Alexander Couts, Minister at Strickathrow, v. Carnegie of Cockston
Date: 14 December 1694
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By a minute, Couts was bound to dispone to Cockston all right, in his own and his wife's person, of some lands, and to deliver up the writs, and particularly an adjudication led on a bond granted by themselves. When implement is sought of this minute, he offered to dispone any right he had in the general, but not the adjudication; because that would infer a passive title, conform to the act of sederunt 1662, in the case of Glendining against The Earl of Nithsdale; but he was willing to give it up to be cancelled; and offered to prove, by the communers, that this was all that was treated on.
The Lords found the contract signified nothing if it did not oblige him to dispone the adjudication also; and refused to examine witnesses anent the meaning thereof; thinking it clear enough of itself, and to be interpreted against him qui potuit legem apertius dicere.
