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Scottish Court of Session Decisions >>
John Lamb v The Earl of Carnwath. [1678] 3 Brn 221 (29 January 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Brn030221-0291.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
John Lamb v. The Earl of Carnwath
Date: 29 January 1678
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In the action pursued by John Lamb, merchant in Edinburgh, against the Earl of Carnwath, on the passive titles, for payment of the sum of contained in a decreet in anno 1668, obtained by Lamb's cedent against his father:
Alleged,—The decreet was for a remain of the maintenance in 1649; and, by the Act of Grace in March 1674, all these taxations are discharged.
Answered,—The Act contained an exception, where bond was granted for them; and here a decreet compearing was obtained for it long before the Act, which was equivalent, since the same execution passed on decreets that passed on bonds. Next, they were only seeking relief of what they had paid for Carn-wath's father.
Replied,—Statuta sunt stricti juris, and so cannot be extended to the case of decreets.
This point being reported to the Lords by Harcous, they found the debt fell under the Act of Grace, and therefore assoilyied. Vide the information in it. Vide supra, num. 667, [November 1677.]
