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Scottish Court of Session Decisions >>
Earl of Queensberry v The Duke of Buccleuch. [1675] Mor 10119 (9 July 1675)
URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor2410119-052.html Cite as:
[1675] Mor 10119
Sums consigned in a suspension must be taken up and delivered on the suspender's expenses, if he has not warrantably suspended.
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The Earl of Queensberry, as sheriff of Nithsdale, having charged the Duke of Buccleuch for the cess of his lands, imposed by the convention of estates in anno 1665; he suspended and consigned. The question arose, on whose charges the consigned sums should be lifted. Queensberry alleged, that he having charged but ex officio as Sheriff, ought not to be burdened. It was answered, That the party who was in the fault by suspending, should bear the burden; but Queensberry was in the fault, because he charged for more nor was due, as was now found by the event. It was replied, That Queensberry had charged for no more than the Duke's proportion, and therefore he ought to have offered what was due, and shown a discharge of what was paid, and upon refusal consigned, otherways he had not warrantably suspended, and therefore should bear the burden, in lifting the consigned sums,
