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In a case of the Lady Samford's, the Lords, on report, found she was liable to accept of the fiars of the year for the price of the victual of her liferent lands intromitted with by the Laird, as being the legal price known and acknowledged by law, and that she could not get him decerned for the price he sold them at, which was more than the fiars; because if he had sold it for less, she would have claimed the fiars; and therefore eodem jure uti debet in both cases. See No 4. p. 4415.
Fol. Dic. v. 1. p. 311. Fountainhall, v. 1. p. 401.
