Menzies v Menzies, Sisters and Muir Merchant In Aberdeen: HL 25 Jul 1715

Sale – A person who had purchased lands at a public sale, at 20 years purchase of a proved rental, afterwards claims deductions; 1st, Because the teinds were held by a tack from the College of Aberdeen then near expired; 2d, Because, as he alleged, the rental was too highly stated by one Chalder; 3d, Because he was kept out of his purchase for six years, during which time the person in possession only accounted for the rents, which were less than the interest the price; 4th, A deduction of certain expences he had been put to, in adjusting the debts due by the estate and in the person of the last possessor thereof. The Court having refused these deductions, and allowed the fetters 30 l. of expences, the judgment is affirmed.
In this case the purchaser had been employed as agent to conduct the sale, proof of rental, andc.

[1715] UKHL Robertson – 139, (1715) Robertson 139


Updated: 04 January 2022; Ref: scu.553484