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Croceric reported a case between the Lord Bargeny and Ferguson of Kilkerran. My Lord refused to accept the money owing, because, by the reversion granted by his father to Kilkerran, it was expressly provided, it should be only redeemable ‘with his own proper money,’ and this was borrowed money; and being a favour he gave him, it must be taken precisely in the terms as it stands, and as it was given. Alleged, By the conception of the writ, there appears no formal design to bind him up in such terms; for that gloss would plainly render the favour elusory; and money, when borrowed, becomes the receiver's; in omni mutuo inest alienatio, et rei transfert dominium, and so becoming dominus pecuniæ mutuatæ, the payment was still made with his own money. The Lords found no specialty or restriction laid on the debtor in this case, but that he might redeem from my Lord with any money, cui nihil decrat cum suum recepit, unless it had been more clearly cautioned and provided for.
