Pactions, Declarations, &c. by Back-bond or otherwise, qualifying real Rights.
Gordon v. Grant
Date: 13 December 1743 Case No. No 48.
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Gordon of Craig granted to —— of Tillyfour a disposition of certain lands, containing absolute warrandice, and receipt of the price; and Tillyfour executed an obligation, narrating, That he had detained 1000 merks, in satitfaction of a real incumbrance due to one Farquharson. Tillyfour disponed the lands to Grant of Rothmaise with absolute warrandice, and further assigned the warrandice in Craig's disposition. It appeared, that Rothmaise had retained the 1000 merks, though Tillyfour had some time after the sale granted a discharge of the price. As this incumbrance never was purged, Craig, whose separate lands were bound in warrandice, brought an action both against Tillyfour and Rothmaise for payment of the 1000 merks. The Lords found, That the action was not competent to Craig against Rothmaise, reserving to Craig his defences, if pursued for Earquharson's debt. See Appendix.
