Scottish Court of Session Decisions

Subject_1 PUBLIC BURDEN.

Duke of Hamilton
v.
The Duke of Buccleugh

Date: 28 June 1666
Case No. No 4.

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The Duke of Hamilton, as collector of taxation, having charged the Duke of Buccleugh for the taxation of the Lordship of Dalkeith; he suspended upon this reason, That the King possessed these lands himself the years of the taxation, and so cannot demand them from the suspender, who is a singular successor. The charger answered, That he had the taxation from the King for a cause onerous, viz. a debt.

The Lords found the reason of suspension relevant.

Stair, v. 1. p. 383.