Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Lesly v. Carnegy
Date: 16 January 1696
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Halcraig reported Lesly against Carnegy: who is pursued to grant a discharge or renunciation of an infeftment forth of some lands; in regard the debtor showed he had the bond and seasine in his custody, which he had ignorantly retired, thinking it sufficient to exoner, free, and disburden the lands, because of the brocard, instrumentum apud debitorem repertum prœsumitur solutum. Answered,—That only holds in personal writs, which use to be extinguished by retiring; but infeftments and other real rights are not,—retiring not being the habilis modus for denuding of these, without express renunciations.
The Lords found him not obliged to discharge; but, in regard he had declared, in the degbate, the principal was paid, and he wanted only some annualrents and expenses of the infeftments. They decerned for that, unless they offered to prove by his oath it was also paid him with the rest.
