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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Forbes of Knappernay v Walkingshaw. [1739] 1 Elchies 27 (23 November 1739) URL: http://www.bailii.org/scot/cases/ScotCS/1739/Elchies010027-006.html Cite as: [1739] 1 Elchies 27 |
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[1739] 1 Elchies 27
Subject_1 ANNUALRENT.
Forbes of Knappernay
v.
Walkingshaw
1739 ,Nov .23 .
Case No.No. 6.
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The Lords thought, that annualrent was due only ex mora; but Arniston thought that here ex natura negotii the mora was from a year after the receipt, when Knappernay might have counted and paid, and I think so voted Tinwald and Dun. The rest found annualrent only due from citation in this process. Arniston also at first mentioned a specialty, that many of the subjects were bonds bearing annualrent; but upon further
consideration that these bonds were not permanent securities, being bonds for duties in common form, and were not considered as subjects bearing annualrent, and therefore no annualrent upon them is stated by the Company's cashier in Knappernay's account and receipt, Arniston seemed to drop that specialty.
The electronic version of the text was provided by the Scottish Council of Law Reporting