Subject_1 BONA ET MALA FIDES. Subject_2 SECT. III.
Ignorantia Juris.
Lady Mary Maxwell v. Rodger Gordon of Troquhen
Date: 9 February 1693 Case No. No 13.
A wadsetter found not accountable for bygone surplus duties, the nature of his contract being dubious.
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The Lords found the act 1661, anent debtors and creditors, extended to this old wadset granted in 1627, when annualrents were at ten per cent and so he was bound to compt for the superplus mails and duties more than paid the annualrents of his money, as it was restricted to six of the hundred ever since the date of the Earl of Nithsdale's requisition in 1662, and offer to find caution on his ceding the possession; though it is very hard on such a dubious contract, which looked not like a wadset, but only had a reversion, and that this pursuer, nor any other, would not be liable to pay him his principal; which is a great defect in our law, that singular successors will force me to compt, who are not bound to state themselves personally debtors to me in the balance that shall be found due in the event of the compt. See Stair, 16th June 1671, Lord Lovat against M'Donald, Stair, v. 1. p. 734. voce Redemption.
1694. February 14.—The Lords found him not accountable for the superplus duties above the annual rent of his wadset sum, from the date of the offer made, in regard he had a probable ground for thinking himself not accountable, in respect of the quality of his right, but only from the date of the Lords interlocutor in January 1693.
