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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Adam v The Laird of Kerss. [1630] 1 Brn 68 (17 June 1630)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: M'Adam
v.
The Laird of Kerss
17 June 1630 Click here to view a pdf copy of this documet : PDF Copy
A bond, whereby the master borrowed from his tenant 500 merks, and allows so much of the duty of the maills which the tenant should pay for the land to him, to be allowed and retained in his own hand for the annual-rent and profit of his money, ay and while he should be repaid of the said principal sum; which bond being confirmed by the executor of the person who was made assignee thereto by the tenant creditor; and the executor having charged the debtor for the said principal sum, who suspending that it was heritable, and pertained to the heir of the assignee, and not to his executor;—the said bond was found heritable, and that it pertained to the heir, and not to the executor, being of the tenor foresaid; and that the creditor should retain so much of the duty of the lands for the annual-rent and profit thereof yearly, while it was repaid.
Act. Miller. Alt. Belshes. Gibson, Clerk. Page 519.
The electronic version of the text was provided by the Scottish Council of Law Reporting