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Scottish Court of Session Decisions >>
The Laird of Wedderburn v Mr John King. [1666] Mor 2256 (26 June 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor0602256-002.html Cite as:
[1666] Mor 2256
Communi Pastura. - Species of Money. - Moris, Maresiis. - Free Rent. - Valid and Sufficient Infeftment. - Debts real and true. - Cum Piscationibus.
The Laird of Wedderburn v. Mr John King
Date: 26 June 1666 Case No. No 2.
A clause in the reddendo of a charter, solvendo quatuor solidos et quatuor denmirios monetæ sterlingorum, was found to import only Scots money.
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In an improbation and reduction, pursued at the instance of the Laird of Wedderburn against Mr John King, for reducing of a feu ob non solutam cannonem, and for not performing the services contained in his charter, which was the carrying of fish from Haymouth to the place of Wedderburn weekly, or twice a-week; The Lords found that an apparent heir might be heard to purge at the bar, albeit not infeft; they found likeways, that quatuor solidos et quatuor denarios monetæ sterlingorum was only Scots money; and found, that the services being onera personalia, were only due if required; but found, that the value of the services ought to be converted in money after the date of the citation.
