Subject_1 DEBTOR AND CREDITOR. Subject_2 SECT. IV.
One entitled to relief getting an ease upon payment, can claim no more than the transacted sum.
Laird of Elphingstone v. Sir Mungo Murray
Date: 4 February 1662 Case No. No 42.
The seller was obliged to relieve the purchaser of the composition for his entry to the lands. It was found that the purchaser could have no claim, if the composition was remitted to him by the superior, although he got it for other good services.
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The laird of Elphingstone having charged Sir Mungo Murray, for the price of some lands bought from him, he suspends, and alleges, that by the disposition the charger is obliged to relieve him, of all inhibitions; and now produces several inhibitions. The charger answered, non relevat, unless there were a distress, seeing the disposition bears not to purge but only to relieve, or to warrant against inhibitions.
The Lords considering that the charger vergebat ad inopiam, found the reasons relevant, till caution were found to warrant the suspender from these inhibitions. They found also, that where the charger was obliged to pay to the suspender, the composition for his entry to the lands; that the suspender should have no composition if he got it gratis; albeit he alleged he got it for other good services.
