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Scottish Court of Session Decisions >>
The Lady Bangour v Hamilton and Others. [1681] Mor 248 (26 January 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor0100248-022.html Cite as:
[1681] Mor 248
Subject_1 ADJUDICATION and APPRISING. Subject_2 RANKING of ADJUDGERS and APPRISERS.
The Lady Bangour v. Hamilton and Others
Date: 26 January 1681 Case No. No 22.
How year and day is to be computed.
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In a competition between Mr William Hamilton, and other adjudgers of the estate of Bangour, the Lady Bangour having also adjudged, upon the warrandice of her contract, and craving to come in pari passu, in respect her adjudication is dated the 31st of July 1680; and their adjudication is upon the 30th day of July 1679:—It was answered, That the account of the year ought to be by the number of days intervening, ita est the Lady's adjudication is not within 367 days, which is a year and a day. 2do, Year and day is only meant of a full year, and the Lady cannot pretend that she is within a year.—It was answered, That within year and day can be no otherways interpreted, than within the next day after a full year; which year is never calculated by the number of days, but is ever estimated by the return of the same day, in the next year; and though there may be more days in one year than in another, as in the leap year, it alters not the case, for de minimis non curat lex.
The Lords found, That the year was not to be counted by the number of days, but by the return of the day of the same denomination of the next year, and therefore found, that the creditors adjudication, being upon the 30th July 1679, and the Lady's adjudication being upon the 31st day of July 1680, was within the year and day of the rest, and came in pari passu therewith.
