Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr David Goodwilly v. Skeen of Halyeards
Date: 15 February 1695
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Philiphaugh reported Mr David Goodwilly, schoolmaster at Strathmigle, against Skeen of Halyeards, for a mortification of twenty merks yearly out of the lands of Pitlour, left by the Pitcairns, heritors thereof; which lands he had now bought; and, to make it real, he offered to prove that Halyeards's disposition was expressly burdened with it; and circumduced the term for not producing it. Halyeards alleged he had lost it in a process, whereon he was content to make faith; and therefore offered to make up the tenor of it by sundry pregnant adminicles; but left out that reservation that he might cut off the mortification.
The Lords found his oath might be taken as to the casus amissionis, and that the tenor might be made up quoad this effect, to connect and supply his progress; but refused it quoad the shunning the mortification; and therefore held the circumduction fast against him, and found him liable.
