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Scottish Court of Session Decisions >>
Purveyance v Laird of Craigie. [1629] Mor 14990 (2 July 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor3414990-009.html Cite as:
[1629] Mor 14990
Tho' annual-rent be due after denunciation, it cannot be summarily charged for.
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A creditor having denounced his debtor for payment of the sum contained in his obligation, and the debtor suspending, and consigning the sum, the creditor declared, that he charged for the annual-rent since the time his debtor was denounced rebel, termly to this term of payment of the principal sum, conform to the act of Parliament 1621. And the debtor contending that he could not be thus summarily charged therefore; the Lords found, that in this and the like cases no such summary charges could be used, by virtue of a declaration made by the party at the Bar, in a process of suspension of the principal sum, which was therein touched allenarly; but found, that the party ought to seek the same by some other ordinary pursuit founded upon the act of Parliament; but if particular charges had been raised upon this act of Parliament, as upon other acts of Parliament, and the party had been charged thereupon, it might be probably maintained, that eo casu the charges might havebeen sustained, without new pursuing therefore.
Alt. Lawtie.
Fol. Dic. v. 2. p. 404. Durie, p. 455.
