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Scottish Court of Session Decisions >>
Bailie of Jerviswood v Runsiman. [1694] 4 Brn 157 (20 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040157-0362.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Bailie of Jerviswood v. Runsiman
Date: 20 February 1694
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When the Duke of Gordon was donatar of his forfeiture, John Trotter, his factor, draws a precept on Jerviswood's tenants in Mellarstanes, to pay their rent to this Runsiman; who gave him, instead of money, their bond as borrowed money. Jerviswood pursues them to pay him, as they who have their rents yet in their hands.
Runsiman alleged, The debt was innovated by their granting bond; and it was no more to be reputed as rent, but as if, fictione brevis manus, the money had been paid down to Runsiman, and he had given it back again on new security; and it was not equivalent, as if it were in the donatar or his factor's hands. The pursuer Contended, that it was truly their rents, and in their hands unpaid, and they had no discharge.
The Lords, before answer, ordained the factor's precept to be produced, that it might appear whether it imported a discharge; and the assignee to depone if he knew that it was for their rent.
