Scottish Court of Session Decisions

Subject_1 PERICULUM.
Subject_2 SECT. VII.

Between Landlord and Tenant.

David Wilkie
v.
Sir Andrew Ker

Date: 24 June 1662
Case No. No 54.

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David Wilkie and others, tacksmen of the customs, charged Sir Andrew Ker for the tack-duty of the customs of the border, anno 1650, set by them to him. He suspends, and alleges, by the public calamity of the English entry in anno 1650 in July traffick was hindered, and by the King's proclamation, against commerce with these. The charger answered, it was a casuality ex natura rei, and that they had paid without defalcation, and the suspender had profit in former years.

The Lords before answer, ordained the suspender to count upon what benefit he got in anno 1650, and what profit above the tack-duty in former years.

Stair, v. 1. p. 113.