Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Mr James Lowes
v.
Sir Andrew Dick

Date: 6 February 1672

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In an action for maills and duties of the lands of Craighouse, wherein the said Mr James Lowes was infeft as heir to his father, who had a wadset of the said lands, affected with a back-tack, against Sir Andrew Dick, who was heritor and in possession; compearance was made for Sir John Lesly, as donatar to the liferent escheat of Sir Andrew;—and thereupon alleged, That he had been seven years in possession, and ought to have the benefit of a possessory judgment until his right was reduced.

It was replied, That the pursuer, during some of these years, had gotten payment of his back-tack duty; and, albeit it was by interposed persons, to whom he gave assignations, yet he offered to prove that it was by Sir Andrew's means, and to his behoof, who was heritor.

The Lords did sustain the reply, and found payment so made was equivalent as if it had been done by Sir Andrew himself.

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