Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Halbert Gladstanes
v.
John Edgar of Wedderly

Date: 9 January 1674

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In a suspension and reduction of a bond of corroboration, whereupon the said John Edgar was charged for payment of the sum of £800, upon the reason of minority and lesion, in so far as, in the bond of corroboration, the whole annualrent and penalty of his father's bond were added to the principal sum, and made to bear annualrent thereafter:

It was answered, That the adding of the bygone annualrents to the principal sum, was most just, seeing they were then all due; and if a minor might have borrowed money to pay the same, upon a bond bearing annualrent, so it was as lawful to add the same to the principal sum, and take bond for altogether bearing annualrent. And as to the penalty, seeing the expense of recovering a decreet did amount to as much, it was just, likewise, to add the same to the principal sum and annualrents.

The Lords did find the answer to the first reason relevant, and assoilyied from the reduction, in so far as the annualrent was made principal, bearing annualrent, and that it did not fall within minority and lesion: but, as to the second, in making the penalty a principal sum, they did ordain the charger to give in a particular account of his necessary expenses, and declared, that if they found reason, they would modify the same, and reduce pro tanto.

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