Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.

The Laird of Bearford
v.
Malcolm Scot

Date: 23 November 1664

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By contract of wadset betwixt the Laird of Bearford and Mr James Crichtoun, his father-in-law, and Malcolm Scot, upon the one and other part;—the said Bearford wadset to the said Malcolm nineteen acres and a half of land of Lochbank, redeemable upon payment of the sum of 4000 merks; in which contract Bearford is obliged to pay the annualrent personally. And for the said Malcolm his farther security anent payment of his annualrent, the said Bearford, in the body of this contract, set a tack of the said lands for payment of fifty-eight bolls bear yearly, during the not redemption, for the prices thereof, at twenty shillings the boll, under and beneath the fiar of the years. Bearford, upon the contract, intents action of count and reckoning, and payment of the duties of the land according to the fiars of the respective years, conform to the Act of Parliament of debtor and creditor. The Lords found, that the same wadset came not under the compass of the Act of Parliament, notwithstanding of the twenty shillings Scots to be defeased to the defender upon the boll under and beneath the fiar of the year, which they found not to be an usurary paction, but that the defender ought to have allowance thereof conform to the contract; and that, in regard he was obliged to carry the victual to the market, and defray the charges of selling thereof, and that he had quit to the pursuer £200 Scots of annualrent, owing him before the entering into the contract.

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