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Huntly v Manson. [1642] Mor 497 (8 July 1642)
URL: http://www.bailii.org/scot/cases/ScotCS/1642/Mor0200497-032.html Cite as:
[1642] Mor 497
Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due ex mora.
Huntly v. Manson
Date: 8 July 1642 Case No. No 32.
An heir found liable for annualrent, due by the defunct upon denunciation.
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One Huntly having obtained decreet against umquhile Mr John Manson, for payment of an hundred and sixty pounds, conform to his bond granted thereon, and the said Mr John being denounced rebel, for not payment thereof, and dying rebel, after his decease 20 or 24 years, he pursues his heir, for payment of the said sum, and of the profits, and annualrents thereof, of all years since he was rebel, as well during the rebel his own lifetime, as of all years since the time of his death, and continually, while the principal sum be paid.—This pursuit was sustained against the heir, not only for all years since the debtor was denounced, by this creditor, during the debtor's lifetime, but also for the years since the rebel's decease, and continually while the payment be made by him of the principal sum.
Act. Baird.Alt. Heriot.Clerk, Scot.
Fol. Dic. v. 1. p. 38. Durie, p. 898.
