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 >>
Mr Matthew Campbell of Waterhaugh v His Creditors. [1695] 4 Brn 278 (14 November 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040278-0620.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr Matthew Campbell of Waterhaugh v. His Creditors
Date: 14 November 1695
Click here to view a pdf copy of this documet : PDF Copy
Mr Matthew Campbell of Waterhaugh, one of the forfeited persons in the late times, being imprisoned for the payment of some arrears of a liferent-annuity due out of his lands, he presented a suspension and charge to be put at liberty on the supersedere contained in the 16th Act of Parliament 1695, suspending all personal execution against persons in his circumstances till Whitsunday 1696.
The Lords, having read the clause of that act, found it related only to debts where there was a principal sum and annualrents; and did not extend to this case, where there was no sors; and so, being lex correctoria et a jure communi exorbitans, it could not be drawn de casu in casum; and therefore refused the bill.
