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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Heir of Alexander Andrew v Lord Colvil. [1628] 1 Brn 150 (9 February 1628)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: The Heir of Alexander Andrew
v.
Lord Colvil
9 February 1628 Click here to view a pdf copy of this documet : PDF Copy
The heir of Mr Alexander Andrew charged my Lord Colvil for so many bolls of victual, for the annual-rent of a certain sum of money owing to him by my Lord, conform to his bond. Alleged by the defender, He could not be liable in payment of greater annual-rent than amounted to ten in the hundred, according to the Act of Parliament 1597. Replied, That the bond was made before the Act, and the Act was only extended ad futura. The Lords, conform to a former practique between N. burgess of Perth, and the Earl of Tullibardin, in anno 1624, found the letters orderly proceeded, providing that, if the defender made payment of the principal sum and the bygone annual-rents, effeiring to ten in the hundred, at Whitsunday next, they shall be suspended simpliciter.
Page 353.
The electronic version of the text was provided by the Scottish Council of Law Reporting