Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 PACTUM ILLICITUM.

Jonathan Forbes
v.
George Bean

Date: 30 July 1774

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In an action brought at the instance of Jonathan Forbes of Wellfield against George Bean, writer in Inverness, founded upon the Act, 4th P. J. VI. c. 216, against buying pleas; the libel concluded, 1mo, That the conveyance granted should be declared void and null; and, 2do, That Bean should be declared incapable of acting in any Court of Justice. In the course of this plea, it was doubted if the act extended to procurators before inferior courts; but it was thought that it did extend to them. It was doubted also, if it extended to the case where a plea, before the sale, was submitted to an arbiter, and if it did not thereby cease to be a plea. But Mr Bean's solid defence was this, That the right taken by him was from an old woman, whom he had not only alimented, but laid out money in carrying on her plea, and was taken in security and payment of the sums so laid out ab ante ; and therefore, that it did not fall under the Act of Parliament. The Lord Kennet, Ordinary, 17th December 1773, assoilyied Mr Bean; and the Lords adhered, and gave expenses.