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Cite as: [1662] Mor 10135

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[1662] Mor 10135      

Subject_1 PERICULUM.
Subject_2 SECT. VIII.

Whether a Creditor runs any hazard of the subject burdened with his debt.

Adamson
v.
Lord Balmerino

Date: 26 June 1662
Case No. No 71.

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A tenement, out of which an annualrent was payable, being laid waste, several years deduction was sought by a singular successor in the tenement, of the annualrents of these years, as is frequently done in feu-duties.—Answered, Tho’ in some cases feu-duties cease by devastation, this was never extended, to annualrents due for the profit of a stock of money. The defence was repelled.

Fol. Dic. v. 2. p. 61. Stair.

*** This case is No 3. p. 3346, voce Debtor and Creditor.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1662/Mor2410135-071.html