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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Galloway v The Heritors of Whitburn. [1737] 1 Elchies 467 (27 July 1737)
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Subject_1 TEINDS.
Earl of Galloway
v.
The Heritors of Whitburn
1737 ,July 27 .
Case No.No. 7.
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The Lords would not give any interlocutor, Whether in giving the prorogation annualrents should be allowed for the payments made by the Earl or not, no such interlocutor having been ever given by any of our predecessors, though the prorogations commonly exceeded such payments, and even compound interest of them. And most of us thought were that point to be determined, interest ought to be allowed (inter quos Arniston;) but as without counting interest the Earl would be repaid in between eight and nine years, and with interest in about 32 years, we gave him a prorogation from the expiry of the last tack to this day and for 19 years more, which was in whole about 23 years,—22d June.—July 27th Adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting