Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 17 February 1683
Inglis of Crammond v. James Curry, late Provost of Edinburgh
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The Lords repelled Curry's ground of compensation founded upon Samuel Moncrief's debt, which Samuel was Crammond's author and cedent; because not instructed nor liquidated before Crammond's arrestment, but long after; and even then it was only by holding Moncrief the bankrupt as confessed upon a debt alleged owing by him to Curry: and, though he had compeared and deponed, his oath could not prejudge Crammond, or his other lawful creditors doing prior diligence, against whom nothing could compensate but a debt owing by Moncrief by bond or decreet anterior to their arrestments or other lawful diligences done by them against him.
And on occasion of this interlocutor, I heard the Lords had found the like within these few years, in a case between the Earl of Annandale and William Johnston of Wamphry and his Creditors. Annandale offering to prove payment of some articles by Wamphry's oath, the Lords found his deposition could not prejudge his creditors who had adjudged from him. See Stair 14th July 1666, Sharp against Glen.
