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Scottish Court of Session Decisions >>
The Earl of Buccleugh v David Young. [1629] Mor 2204 (25 March 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor0602204-055.html Cite as:
[1629] Mor 2204
A compriser from a wadsetter, charged the reverser to receive him as vassal. The charge was suspended, and litiscontestation made in the process; yet, in a declarator of redemption, found not necessary to call the compriser.
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The Earl of Buccleugh pursued a declarator of redemption against David Young, for redeeming of the five merk land of Limpitlaw. Compeared Walter Ker, who had comprised the same lands from David Young, before the order of redemption, and alleged, That all parties having interest were not warned, viz. himself, who had comprised the lands, and charged the Earl himself to receive him; which charge the Earl suspended, and litiscontestation was past in the suspension, and that long before the order of redemption; so that the Earl could not misken him, but he should have warned him to the redemption.—Replied, That there was no necessity of warning any but David Young, who was heir to the receiver of the wadset and granter of the reversion. The Lords repelled the allegeance.
After that the order was sustained, the compriser sought to have the consigned money delivered to him.—Answered far the Earl, That he should have retention of the money, because long before the comprising, David Young, in whose place the compriser was only come, was debtor to the Earl in greater sums than the money consigned.—Replied, It could not compense against the compriser of the heritable right of wadset, before the sum consigned became moveable by the order, seeing an heritable right and moveable sum could not compense.—— The Lords ordained the compriser to have up the money consigned. See Compensation.
