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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Leod of Genzies v Ross of Aldie. [1740] 1 Elchies 502 (17 June 1740) URL: http://www.bailii.org/scot/cases/ScotCS/1740/Elchies010502-005.html Cite as: [1740] 1 Elchies 502 |
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[1740] 1 Elchies 502
Subject_1 WADSET.
M'Leod of Genzies
v.
Ross of Aldie
1740 ,June 17 .
Case No.No. 5.
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The Lords found no usury, but seemed more doubtful whether the wadsets were not improper. They seemed to think that a wadset with a back-tack was an improper wadset, and the wadsetter liable to account after attaining possession, (for during the back-tack he gets only his annualrents, or if the back-tack duty exceeds the annualrent it is usury;)
but the question was whether here were properly back-tacks? The President thought the last wadset for that reason improper, but not the first, but as this was not reported we did not determine it.
The electronic version of the text was provided by the Scottish Council of Law Reporting