Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

Andrew King
v.
Stevinsone

Date: 21 June 1649

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In the suspension raised by Andrew King against Stevinsone, anent 160 merks payable by the said Andrew without infeftment or condition thereof, as a yearly annuity, during his mother's lifetime; in whose favours she had renounced the half lands of a lodging in Glasgow, with the pertinents: The said suspender craved to have retention for taxt and loan, and other maintenance sinsyne, according to the impositions of the country, and the 3d Act, 6th session of the first triennial Parliament. But the Lords suspended only for the retention-money, as in annualrents, since there was neither infeftment, nor condition of infeftment, in that contract. The suspender craved farther, that, albeit the whole was paid for years bygone, without deduction, yet he ought to have retention for those years of that which was indebite solutum in all the preceding years. Whereanent the parties are yet to be heard. And, in my opinion, condictio indebiti is an action quæ plurimis in casibus non competit.

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