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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Kirko v Hunter. [1649] 1 Brn 430 (11 December 1649) URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010430-1154.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Kirko
v.
Hunter
11 December 1649 Click here to view a pdf copy of this documet : PDF Copy
In the process of removing, Kirko against Hunter, it was excepted, That, suppose his tack was expired, yet his seasine maintained him while 800 merks were paid to him, since he had the duty of the land for the annualrent of the said sum. The which the Lords found relevant: notwithstanding it was replied, That Hunter behoved to count for a greater duty paid to him, that exceeded the said annualrent; because that his tack was usurary. The which allegeance the Lords did not respect, during the eleven years of the tack, but only since the interruption made by the warning; without the which they thought he might have bruiked per tacitam [relocationem,] as a wadset, while Porter, who gave the wadset, or Kirko, who had comprised his right, did redeem.
Page 85.
The electronic version of the text was provided by the Scottish Council of Law Reporting
