Scottish Court of Session Decisions

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

Margaret Livingstoune
v.
The Tenants of Larber

Date: 4 January 1650

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In the action, Margaret Livingstoune against the tenants of Larber, called by her for wrongous intromission with the teinds assigned to her by her futher, and whose assignation was intimated to them;—it was excepted, That they had made payment, bona fide, to the donatar to her father's escheat, or his assignee, who had obtained decreet against them, and had discharged them upon their depositions; as also, who was ordained to find caution to all parties having interest, in case the tenants become non solvendo: notwithstanding that she objected, That these teinds [were] acquired by her father, not only since the rebellion, but after sundry years after the gift, and year and day thereafter: likeas she had a gift since syne, comprehending the same, because the tenants were not holden to have known that. Which the Lords sustained in favours of the tenants; leaving to her liberty to seek repetition off him who got payment. Yet it is objected, That the discharges given by a factor were not sufficient probation, unless the factory were produced;—whereupon they took a day for production of the same; and it was protested, in the meantime, That the discharges should be allowed for no more but what was really paid, in conferring them with the quantities confessed in the depositions.

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