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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Cochran v Dawling. [1629] 1 Brn 62 (27 February 1629)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: Cochran
v.
Dawling
27 February 1629 Click here to view a pdf copy of this documet : PDF Copy
In this action, whereof mention is made, 13th February 1629, it was found that the heirs were bound to make the employment to the liferenter profitable to her in all time to come, during her lifetime, at the proportion of ten for the hundred, and at no less profit; albeit the heirs should not receive so much profit themselves, and albeit the money in the country should be lent for less profit; and albeit they were only obliged, in the contract, to employ the money as commodiously as they might get the same; which they alleged would not bind them to pay the profit, which could not possibly be had. Which was repelled; but it was found that they might either employ it upon land, as said is, or else pay, within 40 days after each term, ten for the hundred, in the heir's option, which payment should supply the infeftment.
Page 430.
The electronic version of the text was provided by the Scottish Council of Law Reporting