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Scottish Court of Session Decisions >>
Bruce of Bordie v Keiry of Gogar. [1697] 4 Brn 370 (16 June 1697)
URL: http://www.bailii.org/scot/cases/ScotCS/1697/Brn040370-0766.html Cite as:
[1697] 4 Brn 370
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Bruce of Bordie v. Keiry of Gogar
Date: 16 June 1697
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In the count and reckoning between Bruce of Bordie and Keiry of Gogar, before Rankeilor, this point came to be questioned Keiry stated the price of the victual intromitted with by him as only received at the Whitsunday after the crop, so as to bear annualrent ab eo tempore. Bordie alleged,—It ought to be from the Candlemass, seeing he had the ease of the Candlemas-fiars.
The Lords found, He could not be stated as debtor so as to bear annualrent sooner than Whitsunday after the selling of the victual; especially seeing several sell to a longer term, intuitu of a good price.
