Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1630/Brn010309-0808.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Scarlet [or Tarbet] v Paterson. [1630] 1 Brn 309 (27 February 1630) URL: http://www.bailii.org/scot/cases/ScotCS/1630/Brn010309-0808.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Scarlet [or Tarbet]
v.
Paterson
27 February 1630 Click here to view a pdf copy of this documet : PDF Copy
One having an annualrent furth of a tenement, and thereafter having comprised the property, his intromission with the mails and duties must be ascribed to his right of property; and, if he has intromitted with as much as might pay his principal sum and annualrent thereof, for the which he comprised the property, his right of property is thereby found extinct, and his intromission with the mails cannot be ascribed to the right he has of his annualrent, but that right of the annualrent sleeps till the right of property cease; because one and the self-same person cannot have interest to uplift the mails both by his right of property and of an annualrent.
Page 11.
The electronic version of the text was provided by the Scottish Council of Law Reporting