Scottish Court of Session Decisions

Subject_1 HOMOLOGATION.
Subject_2 SECT. IV.

Of facts inferring knowledge of, and consent to the right challenged. Effect of consent where the right is not known. Effect of legal steps passing of course. Effect of minority. Effect of payment.

Rig
v.
Durward and Thom

Date: 17 December 1776
Case No. No 48.

Lease of lands ubi dolus dat causam, homologated by payment of rent.

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Rig, who was under contract to furnish stones for paving the streets of London, took a lease from Durward of a piece of ground which the latter assured him contained stones of the best quality, and of which the lease had been eagerly requested by many people on that account. Rig held the possession for three years and paid the rent, but after laying out above L. 50 in experiments, found the stones were good for nothing. Durward becoming bankrupt, and having disponed this lease with his other effects to his creditors, Rig brought a reduction of the same on the head of fraud. The defence was, homologation, by continued payment. The Lords repelled the reasons of reduction. See Appendix.

Fol. Dic. v. 3. p. 272.