Scottish Court of Session Decisions

Subject_1 SALE.
Subject_2 DIVISION I.

Sale of Heritage.
Subject_3 SECT. II.

Rental.

Captain Chalmers
v.
Sir James Cuningham

Date: 13 February 1735
Case No. No 5.

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Several friends of a bankrupt family agreed among themselves to transact the debts, and to take off parcels of the estate for payment. In a count and reckoning betwixt the Heir, who acceded ex post facto to this treaty, and one of the friends who had agreed to take one barony at sixteen years purchase; a dispute arose about the rental in order to fix the Charge.—The Lords found, That the kain ought to be stated in the rental, incase that at the time of making the bargain, a price was exigible for the same when not paid in kind; an also, that the services ought to be stated, if, at the same period, a certain value was exigible when not performed. See Appendix.

Fol. Dic. v. 2. p. 356.