Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Lord Borthwick
v.
-

Date: 15 February 1666

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In this case of my Lord Borthwick with some of his wadsetters, found, though by the act of debtor and creditor the wadsetter is bound to count for the duties of lands more nor pays him his annualrent, yet that the wadsetter is not bound thereto from the date of the act of Parliament, but from the time the debtor requires the creditor to accept of security for his money; at which time the creditor may declare himself either to retain his possession or to quit it. And found that paragraph of the act conditional.

Item, found a party could not renounce the benefit introduced in their favours by a public law, before the law was made.

Act. Cunyghame. Alt. Trotter. Advocates' MS. folio 56.