Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Veatch
v.
Pallet

Date: 20 June 1676

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In the preceding process betwixt these parties, wherein Veatch was donatar to Sanderson's escheat; being preferred to Pallet for the sums contained in his horning, out of the first of the sums contained in Sir George Maxwell's bond, granted to Pallet, who became debtor to him in place of Colonel Stewart, against whom Pallet had got sentence; thereafter it was craved that he might be preferred to the annualrent, as well as the principal sum; seeing, by the Act of Parliament, after denunciation, annualrents are due, albeit the bonds bear none.

It was answered, That the Act of Parliament makes only the debtor himself, who is denounced for not-payment, liable in annualrent; but Pallet being a lawful creditor, and, by his diligence in England, having constituted Colonel Stewart his debtor, and thereafter Sir George Maxwell becoming debtor to him proprio nomine, to punish him who was nowise liable for another's disobedience, was contrary to all law.

The Lords did prefer the donatar, not only to the principal, but to the annualrents. Which seems hard, seeing the reason of the Act could not militate against Pallet, who was never in mora, nor liable.

Page 545.