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In 1802, Mr Hunter, the advocator, entered into a lease of the farm of Dron, for 19 years, with George Lord Kinnaird. The rent for the first three years was to be L.315 sterling, and for the remaining sixteen, it was to be L.325 sterling. On the other hand, the tenant was to be allowed a deduction of L.200 from his rent, for providing sufficient inclosures, for which he was to pay the landlord 7½ per cent .
It is usual for a tenant settling his rents with his landlord to bring forward his counter claims; and when these are allowed, and the balance of rents discharged, the settlement is valid and binding.
It is not competent, after a regular settlement of accounts, and a species of transaction, to open them up to the effect of reviewing the principle on which the settlement has been made; Fraser v. Fraser, 14th Feb. 1827, S. and D.
It is not to be presumed that a party in possession of the document on which the settlement of rents has taken place overlooks the provisions contained in it, particularly when it appears that his attention was specially called to them by writing new docquets on the deed itself, in relation to these provisions.
A party cannot, in ordinary circumstances, be allowed to plead his own negligence, and least of all after a lapse of years, and when the effect of listening to such a plea would be to subject his adversary to the disadvantage of losing his counter claims by prescription, or loss of evidence.
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