Scottish Court of Session Decisions

Subject_1 SALE.
Subject_2 DIVISION I.

Sale of Heritage.
Subject_3 SECT. V.

Obligation to relieve and purge from Incumbrances.

Ld Clunie and Stirling
v.
Ogilvie

Date: 20 July 1626
Case No. No 22.

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A buyer of land being allowed to retain part of the price till an incumbrance should be purged; and that having become imprestible, and the seller seeking annualrent for the retained money, because the buyer was also in possession of the lands, and offering likewise caution to warrant him against the said incumbrance; the Lords found, in so far as the yearly profits of the land did exceed the annualrent of the sums paid, that the defender should pay back the same to the pursuer; but, as to the rest of the profits, refused to sustain action, because the said renunciation was not obtained.

Fol. Dic. v. 2. p. 359. Durie.

*** This case is No 81. p. 543., voce Annualrent.