Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Matthew Campbell of Waterhaugh v. Elizabeth Neilson
Date: 3 January 1694
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On bill and answers, between Mr Matthew Campbell of Waterhaugh, and Elizabeth Neilson,—the Lords found a forfeited person, being debtor in an annuity of victual to a widow, he had the benefit of the act rescissory of fines and forfeitures, granting them a supersedere of their debts and annualrents during the time of their being dispossessed of their estates; and though it related to no sors, or principal sum, yet there was the same parity of reason for it as for principals bearing interest; and, therefore, found it comprehended in the act; though it was argued, that this being a correctory law, contrary to the common law, it was to be strictly interpreted, and not to be extended beyond its precise words. Then the next vote was, Whether the charge of horning was warrantable for the annuities preceding the forfeiture. And the Lords found it was; conform to their decision in Cavers's case against Lord Polwart, supra, December 14th 1693.
