BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
James Wilkie, Son to Mr. John Wilkie, v The Laird of Dalziel. [1688] Mor 16311 (00 February 1688)
URL: http://www.bailii.org/scot/cases/ScotCS/1688/Mor3716311-226.html
James Wilkie, Son to Mr John Wilkie, v. The Laird of Dalziel
1688.
February. Case No. No. 226.
Click here to view a pdf copy of this documet : PDF Copy
A son's debtor, who paid the money to the father as administrator in law to the creditor, being pursued after the father's death at the instance of the son,
The defender alleged, that he had paid by virtue of a decreet of the Lords.
Answered for the pursuer: The sentence of the Lords was obtained by collusion betwixt the father and the debtor, who got some abatement, and omitted obvious defences, viz. That the father being insolvent, should have found caution to re-employ the money; 2do, That the money being secured by an infeftment of annual-rent, it could not be uplifted but causa cognita before the Lords, viz. the necessity of uplifting being instructed; 3tio, There ought to have been requisition, conform to the provision in the bond.
Replied: The Lords' decreet ought to secure the defender, who was decerned to pay; and the clause of requisition was in the defender's favours, with which he might dispense.
The Lords, before answer, ordained trial to be made of the father's condition, and what abatement the debtor got.
