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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Earl of Galloway v Gordon. [1629] 1 Brn 163 (20 January 1629)
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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 Earl of Galloway
v.
Gordon
20 January 1629 Click here to view a pdf copy of this documet : PDF Copy
The Earl of Galloway pursued one Gordon for the rental bolls of certain lands, which, as he libelled, were in use to pay so many bolls, at least so much money for so many bolls, (viz. 40 shillings or three pounds,) yearly. The Lords found not that alternative relevant; for they thought a man paying but a mean duty for his rental bolls, would never quarrel it, albeit he paid for more than the land was rentalled to; but, when he was compelled to pay conform to the fiars of the country, he had reason to allege why that should not be a sufficient probation of the number of the rental bolls against him. Afterwards the pursuer offered to prove payment of the price of so many rentalled bolls sundry years, equivalent to the fiars of the country. Yet the Lords would not sustain that as relevant to infer the payment of so many rental bolls libelled; but only to astrict the defender to pay the highest prices that the pursuer could prove he had gotten from him at any time before.
Page 290.
The electronic version of the text was provided by the Scottish Council of Law Reporting