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Innes of Tippertie being charged by several of his creditors, suspends, and alleged payment made by the suspender's son to them. The chargers answered, Non relevat, because they declare the charge to be to that son's behoof who paid them, so that they must allege it was paid by his means. The suspender replied, That seeing they declared it to be to the son's behoof, the payment was sufficient, because he offered him to prove, by a transaction, the son was obliged to pay his debts. The chargers answered, (denying any transaction), if it were proved, the suspender behoved to instruct his part of it performed.
The Lords found the reasons and reply relevant, reserving the said allegeance against the transaction, when produced.
