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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Laird of Grange v Robert Smith. [1673] 1 Brn 696 (6 December 1673) URL: http://www.bailii.org/scot/cases/ScotCS/1673/Brn010696-1660.html Cite as: [1673] 1 Brn 696 |
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[1673] 1 Brn 696
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Laird of Grange
v.
Robert Smith
6 December 1673 Click here to view a pdf copy of this documet : PDF Copy
In a reduction of a decreet-arbitral, at Grange's instance, upon this reason,—
That the arbiter had committed iniquity in decerning him to pay annualrent for a sum only due upon a decreet, which could bear no annualrent, which, in law, is only due ex pacto vel lege: It was answered, That the pursuer having subscribed the commission, the arbiter might justly decern the annualrent to be paid for a sum which, in law, did bear no annualrent; and the same cannot be reduced but upon great lesion, ultra dimidium.
The Lords did assoilyie from the reasons of reduction; and found, That arbiters, upon just consideration, might decern annualrent to be paid for a sum or bond not bearing the same; seeing the subscribing of the commission gave him full power and effect, ex facto cum fromisso, which was equivalent, the annualrent was due by the decreet-arbitral.
Page 374.
The electronic version of the text was provided by the Scottish Council of Law Reporting