[1740] 1 Elchies 502
Subject_1 WADSET.
M'Leod of Genzies
v.
Ross of Aldie
1740 ,June 17 .
Case No.No. 5.
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The Lords found no usury, but seemed more doubtful whether the wadsets were not improper. They seemed to think that a wadset with a back-tack was an improper wadset, and the wadsetter liable to account after attaining possession, (for during the back-tack he gets only his annualrents, or if the back-tack duty exceeds the annualrent it is usury;)
but the question was whether here were properly back-tacks? The President thought the last wadset for that reason improper, but not the first, but as this was not reported we did not determine it.
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