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Subject_1 ADJUDICATION.
Gordon
v.
Sir George Maxwell
1740 ,July 16 .
Case No.No. 26.
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The Lords found the mistake in the requisition in the date of the wadset, sufficient to restrict the apprising to principal and annualrent. I was of that opinion, but that they should be then accumulated. But it carried otherwise. 2do, They found the taking decreet for the ten merks was wrongously apprised for, because there was no obligation to pay it, only it was a burden on the reversion; but that it was likewise usurious, being more annualrent than was due, and this last was found sufficient to annul the apprising in toto. But Arniston, though he was for the first interlocutor, yet he was against the last; and 9th Januasy 1741, the last was altered, and the apprising was sustained as a security for the sums truly due.
The electronic version of the text was provided by the Scottish Council of Law Reporting