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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Queensberry v The Duke of Buccleuch. [1675] Mor 10119 (9 July 1675)
URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor2410119-052.html
Cite as: [1675] Mor 10119

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[1675] Mor 10119      

Subject_1 PERICULUM.
Subject_2 SECT. VI.

Hazard of Consigned Money.

Earl of Queensberry
v.
The Duke of Buccleuch

Date: 9 July 1675
Case No. No 52.

Sums consigned in a suspension must be taken up and delivered on the suspender's expenses, if he has not warrantably suspended.


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The Earl of Queensberry, as sheriff of Nithsdale, having charged the Duke of Buccleuch for the cess of his lands, imposed by the convention of estates in anno 1665; he suspended and consigned. The question arose, on whose charges the consigned sums should be lifted. Queensberry alleged, that he having charged but ex officio as Sheriff, ought not to be burdened. It was answered, That the party who was in the fault by suspending, should bear the burden; but Queensberry was in the fault, because he charged for more nor was due, as was now found by the event. It was replied, That Queensberry had charged for no more than the Duke's proportion, and therefore he ought to have offered what was due, and shown a discharge of what was paid, and upon refusal consigned, otherways he had not warrantably suspended, and therefore should bear the burden, in lifting the consigned sums,

Which the Lords sustained.

Fol. Dic. v. 2. p. 60. Stair, v. 2. p. 343.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor2410119-052.html