You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Elizabeth Vicar v The Earl of Southesk. [1696] 4 Brn 301 (28 January 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Brn040301-0655.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Elizabeth Vicar v. The Earl of Southesk
Date: 28 January 1696
Click here to view a pdf copy of this documet : PDF Copy
The Earl of Southesk being pursued by Elizabeth Vicar, as representing her husband, for £144 sterling contained in an English bond, and a decreet of the Lords obtained thereon, whereby the Lords had found, that the single being £72 sterling, it might run up till it had equalled the principal sum, and so made £144 sterling; but the Earl now representing, in a suspension and reduction, that the penal sum in the bond was allenarly £100 sterling, so the annualrent could never be allowed, by the analogy of law, to swell above that sum:
The Lords looked upon it as a pure error in calculo, and therefore restricted it to the £100 sterling, which they found by paction stopped the cursus usurarum, and that it could not exceed that sum; and assoilyied from the remanent £44 sterling as a mistake.—See 22d January 1679, Sir Alexander Fraser against Burnet.
