Scottish Court of Session Decisions

Subject_1 DILIGENCE.
Subject_2 SECT. VII.

Diligence Prestable by Factors and Mandataries.

Duke of Queensberry
v.
Wilson of Spango

1686. March.
Case No. No 54.

Partial intromission with the rent of lands, was found to make the intromitters liable in the whole rents.

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In the action of count and reckoning at the instance of the Duke of Queensberry against Wilson of Spango, the Lords found that Spango's promiscuous intromission with the rents of the lands made him liable to count for the rents of the whole barony, albeit he had no factory in writ.

In this action the Duke of Queensberry having made use of the account given in by Spango for proving of the charge, and referred the same to his oath; and it being alleged for him, That he was not obliged to depone upon the charge, unless he likewise depone upon the discharge; answered, That Spango being already found countable for the rents of the lands, in respect of his promiscuous intromission which was instructed by his discharges, he ought to depone upon the charge, without referring the discharges likewise to his oath. The Lords ordained Spango to give the oath upon the verity of the charge without deponing upon the discharge, which they found ought to be otherwise instructed than by his oath.

Fol. Dic. v. 1. p. 242. Sir P. Home, MS. v. 2. No. 793.