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Scottish Court of Session Decisions >>
Sir Lodovick Gordon v Sir John Keith. [1666] Mor 5505 (31 July 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor1305505-073.html Cite as:
[1666] Mor 5505
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.
Sir Lodovick Gordon v. Sir John Keith
Date: 31 July 1666 Case No. No 73.
A donatar claimed a sum as moveable, because the term of payment of annualrent had not arrived. Found to be heritable as to the fisk.
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Sir Lodovick Gordon being assigned to a sum due to Sir Robert Farquhar by Sir John Keith, pursues Sir John for payment, who alleged absolvitor, because he had right to the sum himself, as donatar to Sir Robert's escheat, and that the sum was moveable, albeit it bare annualrent, in so far as the term of payment was not come. It was answered, That sums were heritable as to the fisk, by the clause of annualrent, and the only exception was, that if the term of payment of the annualrent was not come, the same was moveable; and nothing in relation to the term of payment, if the annualrent was come due before the rebellion.
The Lords found, that the coming of the term of payment of the annualrents made the sum to become heritable as to the fisk, and therefore repelled the donatar's defence.
