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The Earl of Traquair having granted to the Earl of Southesk an infeftment of security in several lands for a great sum, containing an assignation to the rents, and power to enter to possession and uplift, upon being countable for his intromission over and above the annual-rent of the money, the Earl of Southesk was called to account; but the rental not being condescended on in the contract, the Lady Traquair produced a rental under the hand of one Burnet, factor to Southesk, the first year of his entry, of £10,296, another in the year 1659, under Southesk's hand, for £ 10,333, and other three rentals signed by Southesk to chamberlains, viz. one in the year 1674, for £6500, another in the year 1675, for £6900, and a third in the year 1676, for £8700. The question was, If the first rental should be the rule for all the years since Southesk's entry to possession, as in the case of apprisers, in regard, by the nature of the contract, he was liable to intromit from his entry?
The Lords found the first rental should be the rule till the year 1659, and the second rental of that year should be the rule till the year 1674, and the next three rentals for the respective years 1674, 1675, 1676; and that the last rental in the year 1676 should be the rule in all time thereafter, unless Southesk could instruct a reason for abating of the rental. The speciality in this case was, That the lands were grass-rooms, that are not let in tack, but from year to year, so that the rent was subject to variation.
