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John Couper and his Spouse v Garden of Bellamore. [1694] 4 Brn 158 (21 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040158-0365.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
John Couper and his Spouse v. Garden of Bellamore
Date: 21 February 1694
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The Lords found, though the charger had showed his willingness to accept of the disposition to the rents of his lands, with a reservation of 300 merks to himself, aye and while he were paid of 2000 merks charged for; yet, it not being performed to them debito tempore, they were not bound to stand to that offer now, after several years were elapsed: for, if he had got possession, he would have been near paid by this time, and now his estate is more incumbered. Therefore, the Lords found the offer, not being then implemented, the charger could not be forced now to accept of, or stand to it, unless his damage was first purged; which was the want of the haill bygone annualrent, and a part of the principal, that would have been paid by his possession, if he had got it in time.
