Scottish Court of Session Decisions

Subject_1 CLAUSE.
Subject_2 SECT. II.

Demonstrative or Taxative.

Hermiston
v.
L Sinclair.

Date: 17 July 1667
Case No. No 13.

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Hermiston being bound to pay to the Lord Sinclair, his brother, out of the first and readiest of the rents of the estate of Sinclair, a certain annuity;

The Lords found, That he ought to pay the said annuity entire, though he pretended he was not obliged simply, but out of the rents; and that the said rents, in respect of the real burdens upon the estate, and the low rates of victual, would not extend to satisfy the same; seeing he was obliged to pay out of the first and readiest.

Fol. Dic. v. 1. p. 145. Dirleton, No 99. p. 39.