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Scottish Court of Session Decisions >>
Ferguson of Finnarts v William Seton. [1693] 4 Brn 105 (19 December 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040105-0244.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Ferguson of Finnarts v. William Seton
Date: 19 December 1693
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Ferguson of Finnarts against William Seton, for repetition of some money he had uplifted of his, by a right from the Exchequer, when he was forfeited.
Alleged.—He was not a donatar, but had purchased and acquired for eight years' purchase, and his signatures and entry had stood him two years more; and the Act rescissory 1690, restoring forfeited persons, did not allow repetition against buyers, but only against donatars.
Answered.—It bears donatars and others which must import more than donatars' assignees, deriving right from them.
The Lords thought the cause new; and, therefore, ordained the reporter, before answer, to try whether he actually paid the eight years' purchase or not; for, if he only gave bond for it to the Lords of the Treasury, and that was not exacted at the time of the Revolution, then he was liable to restore: but if he had made payment, the Lords would consider how far the payment of a partial price, (though not adequate to the worth of the lands,) would secure him from repetition of sums bona fide received and consumed; seeing Finnarts had got back his lands, and was in possession thereof, and only now wanted thir sums, which he was likewise craving back.
