Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Robert Douglas of Kirkness v. Sir William Bruce of Kinross
Date: 18 January 1695
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The Lords found, Seeing Kirkness craved to be reponed against the transaction, conform to the clause in Sir William's back-bond, he must consign, not only the 3000 merks then paid to his tutors, but also the annualrents thereof since the term of the said back-bond; but that Sir William must not only restore him to his right, but also to his possession he then had of St. Serfe's Inch: and that being proven, then Sir William behoved to hold count for the whole rent of the land since his entry, unless he would instruct that he had then, in his person, rights which were preferable to Kirkness, and would have excluded him; but that he could not found on rights he had purchased since, to debar them.
