Date of Decision: 23 Jun 1802
Abstract: Mr. Wright was a creditor of the deceased Earl of Glencairn and in this quality acquired the right to withhold part of the rents of the state of Finlayston, which belonged to the Earl of Glencairn. The Countess Dowager of Glencairn, represented by Lady Elizabeth Cunningham, also was entitled to retain part of the rents. The tenants used to pay their rents at Whitsunday (15 May) and Martinmas (11 November). Mr. Wright raised a discussion about when the rent was due and on what days the new term would commence and end. On one hand, Mr. Wright sustained that the rents were payable upon the term-day of Martinmas or at latest after 12 noon of the day. On the other hand, Elizabeth contended that the term was not completed until midnight of the day. The Lords preferred held that the rent tenant can pay the rent until the last hour of the day. Also, they mentioned that the ending of the current period would be after the two days Martinmas and Whitsunday had elapsed.
Subjects: Term Legal and Conventional, Legal term

Published Report

William Morison, The Decisions of the Court of Session (1811), 15919

Litigants

Pursuer:
William Wright, Creditor of the deceased Earl of Glencairn
Defender:
Elizabeth Cunningham, Countess of Glencairn

People or Organizations Associated with Case

Named in case documents:
Rev. John Cunningham, Earl of Glencairn
Agent:
John Osburn Brown
To Tod., W.S
Trustee/Tutor/Representative for Defender:
Lady Elizabeth Cunninghame

Organizations