Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

Lord Blantyre
v.
The Parishoners of Bothwell

Date: 15 March 1628

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And this is in favours of debtors, that, where their goods are comprised, their bodies may be free: But a man having comprised his debtor's lands, it will not be ascribed in satisfaction of his debt, so that he shall be holden to renounce all other right, as assignation, &c. that he has of his debtor. As was found between my Lord Blantyre and the parishioners of Bothwell, who, being pursued for spuilyiation of their teind-sheaves by my Lord, as assignee thereto, made the Laird of Cleland tacksman thereof. Alleged, That this assignation, being made to my Lord for relief of debts contracted by him for Cleland, was extinct and expired, because my Lord had comprised Cleland's lands for the same. It was found, That my Lord might very well keep both his comprising and his assignation to the teinds, while he were paid of his debts; for, if one of them were unprofitable to him, he might take him to the other.

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