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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Clackmannan v Fairweather. [1631] 1 Brn 323 (8 March 1631) URL: http://www.bailii.org/scot/cases/ScotCS/1631/Brn010323-0855.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: The Laird of Clackmannan
v.
Fairweather
8 March 1631 Click here to view a pdf copy of this documet : PDF Copy
The Laird of Clackmannan, being infeft in an annualrent out of the barony of Bonnymoon, pursues Fairweather, occupier of a toun of the said barony, for poinding of the ground. It is alleged for the defender, That his ground could not be poinded, because he stood infeft in the property of the said toun. It was replied, That, notwithstanding of his infeftment, yet he had set
a back-tack to the Laird of Bonnymoon, for payment of a greater duty nor ten for the hundred, and so his infeftment, being usurary, was null by Act of Parliament. The Lords restricted his infeftment for time coming, to ten for the hundred, and decerned poinding of the ground for the superplus of the duty of the lands. To the which it was duplied, No poinding for any part of the duty; because the Laird of Bonnymoon had renounced the back-tack before the intenting of Clackmannan's pursuit, and so his infeftment entitled him to the property of the lands aye and while the redemption. Which duply the Lords found relevant. Page 107.
The electronic version of the text was provided by the Scottish Council of Law Reporting
