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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Blair v Blairs. [1742] 1 Elchies 498 (5 January 1742)
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Cite as: [1742] 1 Elchies 498
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[1742] 1 Elchies 498
Subject_1 USURY.
Blair
v.
Blairs
1742 ,Jan. 5 .
Case No.No. 2.
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The Lord Kilkerran, Ordinary, found that taking an heritable bond in 1709, and infeftment of annualrent thereon for an annualrent, at the rate of 6 per cent. was not usury, because the statutory interest then was 6 per cent.; only the debtor was allowed retention of a half per cent. 2dly, That the creditor's exacting 6 per cent. downwards to 1722, though it was usury, yet he being dead, the penal consequences ceased, and his heir was only bound to discount the sums overpaid; and this day we adhered, and refused a reclaiming bill without answers.
The electronic version of the text was provided by the Scottish Council of Law Reporting