Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Campbell of Ormsay
v.
The Laird of Macnaughtan

Date: 8 December 1669

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In a spuilyie, pursued at Ormsay's instance against this Macnaughtan, as heirto his father, which was alleged to have been committed in anno 1645 there was a Defence proponed upon the Act of Indemnity; and that the defender offered to prove, that his father, the time of the alleged spuilyie, was an officer of the army, under the late Marquis of Argyle. It was replied, That the pursuer offered him to prove, that the defender's father did apply the same to his own use and behoof.

The Lords, notwithstanding, sustained the defence; in respect that never any pursuit was intented against the defender's father or himself, for the space of twenty-seven years: and found, that it would be of a dangerous preparative to sustain such a pursuit, after so long a time; it being impossible for the defender to condescend and debate upon the way and manner how such goods were employed; and that it was enough to offer to prove, that he was a standing officer for the time, and did take away the goods libelled, by soldiers under his command.

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