Scottish Court of Session Decisions

Subject_1 FORFEITURE.
Subject_2 SECT. VIII.

Recissory Acts.

Cargill
v.
The Relict and Creditors of M'Donald

Date: 24 July 1728
Case No. No 67.

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Upon the act 18th, Parl. 1690, it was questioned, if the onerous purchaser of a forfeited estate was obliged to account for the whole rents, without deducting the purchase money? The donatar of a forfeiture had paid in to the Exchequer ten years purchase for the lands, and it was argued for him, That it could not be the intention of the act, in restoring the ancient proprietor, to forfeit the innocent purchaser, who laid out his money upon the faith of the standing laws of the country. The defence was repelled, and the donatar was refused deduction of the price out of the rents. See Appendix.

Fol. Dic. v. 1. p. 315.