Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Alexander Home
v.
James Rule

Date: 22 February 1637

Click here to view a pdf copy of this documet : PDF Copy

James Rule, having comprised certain lands pertaining to Alexander Home, son to the Laird of Aytoun, a declarator of redemption is pursued by the said Alexander against the said James Rule, who had intromitted with the duties of the lands comprised, certain years; which duties, it was alleged, paid a great part of the sum for the which the lands were comprised. The parties being ordained to count and reckon, the compriser gives in, for his charge, the principal sum of £1904, contained in his bond, with £200 of penalty, for the which he had comprised; item, £116 of sheriff-fee; item, £200 for expeding the comprising: which above written sums he craved to be his principal. Item, He craved the ordinary annualrent for the said sums, and annual for annual. Item, He craved £1000 of expenses for prosecuting his actions against the tenants for their duties yearly. The Lords decerned him payment of his principal sum of £1904, and annualrent for the same, but refused to give annual for annual; and, for his sheriff-fee and expenses, decerned him to have £200, which was the penalty contained in his bond, but no annualrent for the same.

2d MS. Page 37.