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Scottish Court of Session Decisions >>
George Home v Sir Alexander and Patrick Home. [1681] 3 Brn 385 (00 January 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030385-0527.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
George Home v. Sir Alexander and Patrick Home
1680 and 1681
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1680. December 14.—George Home, as donatar to the forfeiture of Home of Kello, his brother, pursuing Sir Alexander and Mr Patrick Homes, as representing Renton, their father, for a sum owing by him to the forfeited person:
Alleged,—Compensation against the King, (from whom the gift of forfeiture flowed,) upon a bond due by the King to their father. Answered,—This did not meet the donatar. Replied,—It extinguished pro tanto in ipso momento that the forfeiture devolved to the King, he thereby becoming both debtor and creditor.
Newton took this to the Lords' answer. See 6th of Jan. 1681.
Vol. I. Page 122.
1681. January 6.—The compensation proponed (14th Dec. 1680,) by Mr Patrick Home against the King, being reported, the Lords inclined to sustain the compensation, but evaded it upon another point, as not being proven by the King's letter produced, which acknowledged indeed the debt, but recommended to the Parliament to fall upon a way to pay it: and so, being limited by that special destination and method laid out by the King for payment of it, it could not compensate.
