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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Balcarras and Lermonth v Mr William Gordon, Advocate. [1688] 2 Brn 127 (29 July 1688)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Earl of Balcarras and Lermonth
v.
Mr William Gordon, Advocate
1688 .July 29 and30 .Click here to view a pdf copy of this documet : PDF Copy
A comprising being quarrelled, ad hunc effectum, to make it redeemable, upon this ground, That a part of the principal sum was paid before apprising, yet the whole penalty was apprised for, which ought to have been restricted to a due proportion;—the Lords caused trial to be made among the writers to the signet, what was customary in such cases, and recommended to some of their number to settle the parties.—29th July 1688.
The writers having reported, that, in their practice, they used always to restrict the penalty proportionally to the partial payments;—the Lords found the apprising to subsist as a security for principal sum and annualrents, and accumulations of annualrents, and a proportion of the penalty; but that the informality hindered the apprising to expire.—30th July 1688.
Page 81, No. 336.
The electronic version of the text was provided by the Scottish Council of Law Reporting