You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Douglas v Fraser. [1628] Mor 497 (00 January 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor0200497-031.html Cite as:
[1628] Mor 497
Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due ex mora.
Douglas v. Fraser
1628. Case No. No 31.
A defunct owed, at his decease, annualrent upon denunciation, not ex pacto; executors found not liable. They would be liable only from their own denunciation.
Click here to view a pdf copy of this documet : PDF Copy
A debtor is denounced to the horn by his creditor. The debtor dies. The creditor pursues the defunct's relict, as intermissatrix with his goods and gear, to pay the principal debt and annualrent thereof since his decease, by virtue of the act of Parliament, whereby annualrent is due to the creditor since the horning.——The Lords found, That the executors and intromitters are not subject to pay any annualrent due by the defunct at the time of his decease, except the executors or intromitters had been denounced to the horn themselves.
Fol. Dic. v. 1. p. 38. Auchinleck, MS. (Intromission.) p. 103.
