Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1629/Brn010299-0781.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Kincaid v Kneiland. [1629] 1 Brn 299 (19 December 1629) URL: http://www.bailii.org/scot/cases/ScotCS/1629/Brn010299-0781.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Kincaid
v.
Kneiland
19 December 1629 Click here to view a pdf copy of this documet : PDF Copy
A father provided his daughter to an annualrent of £40, out of his land, redeemable upon the sum of 500 merks. After the father's decease, the daughter pursues the heir for £40 for certain years that the same was resting owing. The heir alleges, That he cannot be subjected in payment of more nor 50 merks by year; because the principal sum, for the which the annual is redeemable, is only 500 merks; and, by the Act of Parliament, it is not leisom to take more nor ten for ilk hundred. The Lords found, That the father might provide the daughter to an annualrent, redeemable upon less sum nor effeiring to the said annualrent, which may not be done in borrowed money.
Page 10.
The electronic version of the text was provided by the Scottish Council of Law Reporting