Purchasers must find caution for the price. - Purchasers' right to the rents. - Effect of a judicial sale as to payment of the price. - Is the purchaser obliged to pay before a scheme of division is made?
Arbuthnot v. The Creditors of Finnart
Date: 18 July 1750 Case No. No 33.
Purchasers' right to the rents.
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James Arbuthnot bought the lands of Finnart and Tullichintaul, at a sale before the Court of Session, which were decerned to belong to him, and he to have right to the rents for crop and year 1747, and to be liable in interest for the price, from Whitsunday that year; whereupon he claimed the rent payable at Martinmas 1746, as truly due for the crop 1747, it being the custom of that estate for the tenant entering at Whitsunday to pay then one half year's rent, and the subsequent at Martinmas following, which was for the crop to be sown and reaped next year; at least that he was entitled to so much of the said rent as was payable for the corns sown on the farms.
The Lord Ordinary, 5th July, “Found he was entitled to no part of the rent due at Martinmas 1746.”
On a reclaiming bill observed, That as this estate consisted of grass-rooms, the legal terms were Whitsunday and Martinmas; viz. that half a year's rent was payable at Whitsunday, when the tenant entered, and the other at Martinmas for that year; and that the price being made payable at Whitsunday, when half a year's rent was due, the purchaser, instead of being lesed, had by the decreet gained half a year's interest of his money.
