Scottish Court of Session Decisions

Subject_1 ADJUDICATION.

Gordon of Campbleton,
v.
Sir George Maxwell of Orchardtoun

Date: 16 July 1740
Case No. No. 26.

An adjudication annulled on account of usury.

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Apprising upon a requisition of a wadset sum, in which requisition there was a mistake as to the date of the wadset, though corrected in the instrument of attendance; yet the Lords found the defect sufficient to restrict the apprising to a security for principal sum and annualrents without accumulations. 2dly, The annualrents of the wadset sum being ten merks more than the rents of the lands, the contract contained an obligement for payment of those ten merks, wherein the annualrents were expressly calculated at eight per cent.; but before the decreet of constitution and apprising the interest of money had been many years at six per cent., and yet the ten merks for all these years were apprised for; and the Lords thought the decreets on that account usurious, and annulled the apprising in toto.