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Scottish Court of Session Decisions >>
Watson, Provost of Dundee, v Gray of Innerighty and Lord Carse. [1693] 4 Brn 48 (17 January 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040048-0108.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Watson, Provost of Dundee, v. Gray of Innerighty and Lord Carse
Date: 17 January 1693
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Watson, Provost of Dundee, against Gray of Innerighty, and my Lord Carse. The President, and sundry of the Lords, inclined, that the method prescribed in the contract was the rule of counting, and that the two extrinsic sums of 800 merks could not be brought in upon that fund: but the plurality found he might ascribe his intromissions as well for paying the annualrents of these two sums of 8000 merks, as of the 48,000 merks contained in the first contract; seeing the parties, by a fitted account, had acquiesced in that method, and allowed these annualrents to be also brought in and discounted. What moved them was, lest by this way there was a design of cutting off these two principal sums; for they were not preferable rights on the subjects they affected; and if he got them not paid this way, the Provost might be cut off; and Innerighty being in a weak condition, what was competent against him, was thought reasonable secundum bonum et œquum to meet my Lord Carse, Sir Peter Lyon, his brother-in-law, and his assignee.
