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Scottish Court of Session Decisions >>
Pringle of Torwoodley v The Viscount of Strathallan. [1694] 4 Brn 115 (4 January 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040115-0266.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Pringle of Torwoodley v. The Viscount of Strathallan
Date: 4 January 1694
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Pringle of Torwoodley against the Viscount of Strathallan, for restoring the forty-five thousand merks of composition he paid for obtaining a remission to his father and a right to his forfeiture. Alleged,—He had no title to seek repetition of it, seeing he was neither heir nor executor to his father. And remembered the interlocutor of Parliament against the Earl of Argyle, that he could not pursue his father's judges without a title.
Answered,—That he had, besides the general rescissory act, likewise a special Act of Parliament, appointing it to be paid back to him nominatim; and that he himself, and not his father, was the payer of the money, and his act was excepted out of the act salvo jure.
Replied,—It was only payable to him as son and heir; and if he had not a title to discharge, another might afterwards enter, and confirm it, and seek it over again; and though he paid it, yet it was out of his father's means and estate.
The Lords decerned; but withal ordained Torwoodley either to enter heir or executor, as the defender should desire, for his security, and as the nature of the deed required; which Torwoodley offered to do.
