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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Elizabeth Balfour v Wilkieson. [1738] 1 Elchies 6 (14 February 1738) URL: http://www.bailii.org/scot/cases/ScotCS/1738/Elchies010006-018.html Cite as: [1738] 1 Elchies 6 |
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[1738] 1 Elchies 6
Subject_1 ADJUDICATION.
Elizabeth Balfour
v.
Wilkieson
1738 ,Feb .14 .
Case No.No. 18.
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Upon a division it carried to sustain the adjudication as a security for principal sum, annualrents, and necessary expenses, and annualrents thereof, from the date
of the adjudication;—and I do not much differ as to the principal sum and annual-rents, for the want of the annualrents may justly enough be considered as a real damage, from which the adjudger's bona fides might save him; and annualrents are often given nomine damni of sums that by law do not bear annualrent, and are by act of sederunt due after horning and denunciation; and therefore it seems to be no stretch of the nobile officium to give them after adjudication, though erroneously led for more than was due, but led bona fide; but to make expenses a capital bearing interest 10 or 20 years before they are taxed, or can be known, which here is not yet done, I cannot so easily agree with.—Arniston, and several others, were against all accumulations, and for sustaining it for a security only of principal, annualrents, and necessary expenses.
The electronic version of the text was provided by the Scottish Council of Law Reporting
