Scottish Court of Session Decisions

Subject_1 ADJUDICATION.

Watson of Saughton,
v.
Mr James Baillie.

Date: 30 June 1737
Case No. No. 9.

Of what the sum paid at redemption ought to consist?

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It being disputed in special adjudications, if the principal, annualrents, and a fifth part more should be accumulated, and that accumulated sum paid at redemption, or if lands only of that value should be adjudged in payment of the principal and annualrents only accumulated, so as only that principal and annual rents so accumulated should be paid at redemption; but in case of expiry of the legal, the whole lands adjudged worth the principal and annual rents, and a fifth part more should be irredeemable: The Lords thought this last most agreeable to the words of the act 1672: But in respect of the express words of the act of sederunt, 26th February 1684, constructing it otherwise, They found that a fifth part more than the sum should be adjudged for and paid at redemption. (See Dict. No. 10. p. 88.)