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Catharine Charters and her Curators v Rory M'Kenzie of Prestonhall. [1692] 4 Brn 6 (22 November 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040006-0012.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Catharine Charters and her Curators v. Rory M'Kenzie of Prestonhall
Date: 22 November 1692
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Mr. Rory M'Kenzie of Prestonhall being debtor, by bond, to Catharine Charters, he, a few days before Martinmas last, offered the money to herself and her Curators. They refused, because not timeously advertised to provide new hands for lending it out again; and it was not paid, nor offered precisely on Martinmas day.
The Lords found they were bound to take the money, unless the bond bore a clause of requisition; but that they behoved to get the annualrent of it since the term, if it carried to pay annualrent termly, quarterly, monthly, and proportionally.
