Scottish Court of Session Decisions

Subject_1 ARBITRIUM BONI VIRI.

Gavin Home's Heirs
v.
The Laird of Blacader

Date: 10 June 1612
Case No. No 1.

In a reversion it was provided, that whatever expences should be bestowed on building, should be refunded at the redemption. The building was disproportionate to the property. The Lords modified the expence accordingly.

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The Laird of Blacader having wadset the lands of Johnscleugh to Gavin Home, under reversion of 2500 merks, and such sums as should be bestowed on building of houses, for case and safety of the tenants, and their goods; with 15 years tack after the loosing, for L. 20 yearly: At the redemption, Gavin Home's Heirs craved 6000 merks for the expences of a house built by his father; which, by report of visitors and crastsmen appointed by the Lords, was declared to extend to 6000 merks. Blacader's visitors reported, that the byres built for safety of the tenants' goods, were only estimated to L. 140; and the rest of the buildings were not necessary nor conform to the reversion.——The Lords modified L. 1000 for the buildings.

Fol. Dic. v. 1. p. 53. Haddington, MS. No 2450.