Scottish Court of Session Decisions

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.

Lord Balmerinoch
v.
Gilbert Elliot of Stobbs

Date: 12 July 1634

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In an order of redemption sought to be declared by the Lord Balmerinoch against Gilbert Elliot of Stobbs;—Alleged, The order was not good, in so far as concerned the redemption of an annual-rent of 400 merks; because, by the reversion, the premonition should have been made to the eighth day after the term, and the pursuer had made it to the term's eve. Replied, That was introduced in favours of the pursuer, that he could not be astricted precisely to the term, but might have eight days after to provide his money; but, since the pursuer craved not that benefit, but presented the money sooner to the defender, he could not quarrel the order, he having received benefit by it. Duplied, Reversions are stricti juris, and must be fulfilled punctually; so that he could not be premonished to another day than was contained in the reversion. The Lords found the exception relevant.—12th July 1634.

In that same cause, Alleged by the defender, that the consignation could not be sustained, because he offered a renunciation to be subscribed by Laurence Scott, by virtue of a procuratory from Gilbert Elliot, who was but liferenter, and his son, Mr John, who was feer, was present, and offered to subscribe for himself. Answered, He could not be obliged to receive a renunciation by a procurator, quia inauditum. Which the Lords found, and in respect thereof found the consignation good.

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