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Scottish Court of Session Decisions >>
Captain Home of Foord v James Stewart and his Mother. [1683] 3 Brn 451 (00 January 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn030451-0671.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION. 1682 and 1683.
Captain Home of Foord v. James Stewart and his Mother
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1682. December 15. —The Lords, on Boyn's report, found the pursuer's general service was a sufficient title to give him right to a reversion of a wadset, though his father died infeft; and that this wadset was not of that nature, as, by the 62d Act of Parliament 1601, they were bound to account for the superplus maills and rents more than paid their annualrent, and ascribe them in sortem from the date of the wadset, but were only countable from the date of the offer of caution and citation.
Then alleged,—It cannot be from the first citation, because it was extinguished and annulled, by obtaining a protestation against it for not insisting.
The Lords found the first out of doors, and that the account behoved only to begin at the last citation in 1675. See thir parties infra, 23d Jan. 1683.
Vol. I. Page 202.
1683. January 23. —The Lords, upon Stewart's bill, declare the petitioner only liable to count for the excrescent duties over and above the petitioner's annualrent, from the time of Home the pursuer's offer of security for these annualrents, but not since the order of redemption, in regard the whole principal sum was not then offered.
And, on the 27th January, the Lords, on another bill, ordained the pursuer to produce in the clerk's hand the instrument of the offer of caution for the annualrents of the sums contained in the wadset; and ordain the parties to be heard thereupon, when produced, before Lord Boyn, Ordinary; and, in the mean time, stop extracting of the Act.
