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Scottish Court of Session Decisions >>
Smith v Anderson's Relict. [1624] Mor 5503 (29 June 1624)
URL: http://www.bailii.org/scot/cases/ScotCS/1624/Mor1305503-068.html Cite as:
[1624] Mor 5503
Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. XII.
Effect of the death of Debtor or Creditor, before the term of payment, in cases of Bonds heritable by a clause of annualrent.
Smith v. Anderson's Relict
Date: 29 June 1624 Case No. No 68.
A bond payable at a certain term, with annualrent after the term of payment, found to be moveable before it fell due, and to go to the executors of the creditor, who died in the interim.
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In a registration pursued by Smith, as executor to his father, against the Relict of Peter Anderson; the bond desired to be registrate, bearing, to pay annual after the term of payment; and it being therefore alleged, that it was heritable, and so could not be registrate at the executor's instance;—THE LORDS repelled the allegeance, and found the bond pertained to the defunct's executors, notwithstanding of that clause of paying annualrent, because the defunct, to whom the bond was made, died before the term of payment contained in the bond, so that the clause adjected for payment of annual, in case of failzie of payment of the sum at the term, could not take effect in favours of the defunct, in his own time, to make it profitable to his heir, and therefore that it pertained to his executors.
Clerk, Scot.
Fol. Dic. v. 1. p. 370. Durie, p. 132.
