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Scottish Court of Session Decisions >>
George Hume v Seaton of Menzies. [1669] Mor 486 (13 January 1669)
URL: http://www.bailii.org/scot/cases/ScotCS/1669/Mor0200486-015.html Cite as:
[1669] Mor 486
Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due ex pacto.
George Hume v. Seaton of Menzies
Date: 13 January 1669 Case No. No 15.
A debtor by a missive, having obliged himself to pay annualrent for the time bygone, annualrent was found due also in future.
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George Hume, as assignee by the Earl of Wintoun, to a bond granted to the Earl's factor, for his behoof, having charged thereupon, the creditor suspends; in discussing whereof, it was alleged for George Hume, that he ought to have annualrent, because the suspender, by a missive letter produced, written to the umquhile Earl of Wintoun, obliged him to pay annualrent for the time bygone; and therefore ought to continue the same till payment.—The suspender answered, It contained nothing as to the annualrents in time coming.
The Lords found annualrents due from the beginning, both before and after the letter, though they exceeded the principal sum, seeing once annualrent was promised for some terms.
