Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1675/Brn010551-1416.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Brown v Ogilvie. [1675] 1 Brn 551 (5 February 1675) URL: http://www.bailii.org/scot/cases/ScotCS/1675/Brn010551-1416.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN NISBET OF DIRLETON.
Date: Brown
v.
Ogilvie
5 February 1675 Click here to view a pdf copy of this documet : PDF Copy
A person, being pursued for an annuity of money, did claim the benefit of retention, conform to the late Act of Parliament:
But the Lords found, That albeit retention was granted for relief of debtors of their taxation, and that the debtor was alike concerned as to the end foresaid, whether he paid the annualrent, as the usura, and profit of a principal sum, or as annuity due upon a personal bond; yet the Act of Parliament mentioned only annualrents: And being, as all Acts of Parliament, stricti juris, specially such as are correctoriæ; juris communis, it could not be extended beyond the letter of the law.
Nevoy, Reporter. Gibson, Clerk. Page 116.
The electronic version of the text was provided by the Scottish Council of Law Reporting