Scottish Court of Session Decisions

Subject_1 SUSPENSION.
Subject_2 SECT. VI.

Expens in a Suspension. - A Party become personally liable by suspending, though not formerly.

Gordon of Ardoch
v.
Lady Newhall

Date: 12 February 1735
Case No. No. 40.

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A liferentrix having obtained decreet for certain quantities of victual, as the by-gones of her annuity payable in victual, and having discussed a suspension of the same, the question occurred as to the expenses. The suspender pleaded, That the victual ought to have been liquidated in the decreet, and converted into money, and therefore he had good reason to suspend in order for a liquidation. Answered, It was the defender's part to have applied for a liquidation, upon this medium, that loco facti imprestabilis succedit damnum et interesse: The pursuer could not insist for such a liquidation, her claim was the ipsa corpora; and had the suspender thought proper to implement the charge by delivering over the ipsa corpora, she could not have refused the same, nor insisted for money. The Lords found expenses due. See Appendix.

Fol. Dic. v. 2. p. 416.