Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.

Calder
v.
Lord Braco, &c

Date: 14 June 1744

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This was a question about a wadset, Whether, after requisition and adjudication upon the requisition, it continued proper or became improper? Elchies said, that as all wadsets and annualrent rights were of old considered, not as securities, (because the canon-law forbid usury,) but as sales, therefore the purchaser could not, at the same time, have a right to the land and likewise the price of the land; for which reason, if he required his money, the wadset or annualrent-right evanished, much more if he did diligence by adjudication; for then, as the reverser was bound to pay annualrents and accumulations, it was impossible but the wadsetter or annualrenter behoved to account; and though, by the decisions, (see Dirleton,) he was allowed sometimes to return to the wadset in questions with third parties, yet never in a question with the reverser.