Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Earl of Tillibarden v. Mr David Graham of Keillor
Date: 23 July 1697
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The Earl of Tillibarden, against Mr David Graham of Keillor,—being a declarator, That he had bought and acquired the lands of Keillor for the Marquis of Athole and the pursuer's behoof, as their trustee, in regard he was depositary of a right from Murray of Keillor to the Marquis, and likewise of the Marquis's bond for the price; and, that disposition not taking effect, he bade at the roup of the lands, and carried it as the greatest offerer; and, by letters subsequent thereto, insinuated as much as if he had purchased them for the Marquis's behoof. Answered,—The trust ceased when the lands were exposed to sale; and the letters import no more but that he was willing to treat with the Marquis; and any such communing may be resiled from before delivery of writs; and he had no compulsitor whereby he might force the Marquis to have taken the bargain off his hand: Likeas, he had sold his place as clerk to the bills to pay the price, which no trustee would have done.
The Lords found it a continuation of the first trust; and ordained him to denude on payment of the price and all his expenses, he being kept indemnis cum omni causa.
