Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.
Lundie of Drums v. The Lord Lindores
Date: 20 July 1699
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I reported Lundie of Drums against the Lord Lindores. The stipend of Newburgh, for the year 1694, being gifted by the Privy-Council to Anna Lundy and her children, yet ’tis made payable to Lundy of Drums, her father, for the use and behoof foresaid, in regard Mr William Grant, her husband, was not so frugal as was alleged:—Drums having charged Lindores for his proportion of that stipend, he suspends on this reason, That he had made payment to the said Anna and her husband, and recovered their discharge. Answered,—This payment is unwarrantable, for they had not the jus exigendi; but that was expressly stated in Drums, as the channel and hand to convey it to his daughter and grandchildren, and debar their father.
The Lords thought him but a factor; and real payment being made to his constituents, for whom he was intrusted, it were hard to make them pay over again; but allowed them to be heard if the payment was simulate or collusive.
