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Scottish Court of Session Decisions >>
Gordon v Sir Robert Innes. [1681] 3 Brn 409 (8 July 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030409-0577.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Gordon v. Sir Robert Innes
Date: 8 July 1681
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In the case of Gordon against Sir Robert Innes; where a bond for the price of lands bears, that it shall not be paid till the rights be perfected, and incumbrances cleared, nor bear annualrent medio tempore:
The Lords found the buyer was not liable for annualrent for sixteen years past, because it was all that time ere the incumbrances were purged, and security perfected.—Which was a very hard decision, considering the buyer had during all that time peaceable possession of the land by virtue of the minute, and was distressed by none; and had both the maills and duties, and yet was free of the annualrent of the price; which was ex damno alterius lucrum captare. But the Lords adhered to the paction: which seemed to others to be unlawful and usurary, et pactum contra bonos mores.
