Scottish Court of Session Decisions

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

Ker
v.
Veatch

Date: 13 November 1675

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In a double poinding betwixt the said parties, as creditors to Sanderson, after Veatch was preferred to Peter Pallet, as to the sum of money contained in Sir George Maxwell's bond, who became debtor to Pallet in place of Colonel Stewart;—compearance was made for Ker, who alleged, That he ought to be preferred to Veatch; because he had a back-bond from the common debtor, declaring, that a part of the debt due by Colonel Stewart did properly belong to him; and therefore could not fall under Sanderson's escheat, nor belong to Veatch as creditor.

It was answered, and alleged for Veatch, That any such declaration or back-bond, being after Sanderson was denounced rebel, could not be respected; it being a voluntary deed, and did fall within the Act of Parliament 1621.

The Lords did, notwithstanding, prefer Ker; which seems inconsistent with their former interlocutor preferring Veatch to Pallet: seeing the back-bond and declaration was after Sanderson was denounced rebel; and was voluntary, as well as Pallet's assignation, which was found to fall within the Act of Parliament.

Pape 504.