[1623] Mor 10060
Subject_1 PENSION.
Date: Paip
v.
L Wolmet.
27 February 1623
Case No.No 5.
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In an action of suspension betwixt Mr John Paip and the L. of Wolmet, for payment of a pension of diverse loads of coals given to Mr John Paip; the Lords found, that the granter of the pension, nor his heirs, were not obliged to carry the coals to the dwelling-house of the pensioner, where the pension bore not the same specifice; but that it was sufficient to the granter of the pension, and his successors, addebted therein, to deliver the same at the coal-hill to the pensioner, to be transported upon his own charges where he pleased to carry the same; and that sicklike in other pensions of that nature and quality, as of victual, that the pensioner ought to carry the same from the barn door and ground of the land upon his own expenses, and that the granter is not obliged in the said carriage, except the pension be so expressly granted, and no otherways.
Act. M'Gill. Alt. ——. Clerk, Hay. *** Haddington reports this case: 1623. February 28.—Mr John Paip having a pension of four bolls meal, and two dozen loads coals, to be paid to him yearly by the Goodman of the Wolmet, pursued him to lay them in to him in his house in Edinburgh. Wolmet alleged, That he should not carry them, but only pay them. The Lords found, that since he was only bound to pay them, he could not be compelled to lay them in, but only pay them on the coal-hill.
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