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Scottish Court of Session Decisions >>
Inglis v Fraser. [1629] Mor 5468 (13 June 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor1305468-039.html Cite as:
[1629] Mor 5468
Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. VII.
Rights having tractum futuri temporis.
Inglis v. Fraser
Date: 13 June 1629 Case No. No 39.
An executor found not liable to pay the annualrent of debts owing by the defunct, and due after his death.
The contrary found, Kinnaird against Yeaman, No 40. p. 5469.
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An executor, or intromitter, is not subject to pay any more to the creditor of the defunct, but that quantity of the debt which was owing by the defunct the time of his decease, and wherefor he might have been convened himself at the time of his decease; and the said executor or intromitter (who represents only the defunct in the case he was in when he died) was not found liable for any running debt after the defunct's decease, as for annualrent of principal sums resting and running after the debtor's decease, ay and while the payment of the principal sum, as was done this day betwixt these parties, where the defender being convened, as intromissatrix with the debtor's goods, to pay the principal sum owing by him, for the which he was denounced rebel before his decease; and also the said intromissatrix was convened, upon the act of Pariament, to pay the annualrent therefor, of all terms since the defunct was denounced, and ay and while the sum was repaid. It was found that the intromissatrix was subject to pay no more than the principal sum, with the annualrent of so many terms as run after the horning, unto the time of the defunct's decease, but not of any terms after his decease, intervening before the intenting of that pursuit, moved against the intromissatrix. It would appear that the intromissatrix or executrix, after pursuit moved against them, should be ever liable to the annual thereafter, ay and while payment be made of that which was owing the time of the defunct's decease.
Clerk, Gibson.
Fol. Dic. v. 1. p. 368. Durie, p. 445.
