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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor3615881-011.html

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[1630] Mor 15881      

Subject_1 TERM LEGAL AND CONVENTIONAL.

Dr Lindsay
v.
James Heriot

Date: 10 March 1630
Case No. No. 11.

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If a creditor die before the term of Whitsunday or Martinmas, the bond being heritable, that subsequent term's annual-rent will pertain to him who shall have right to the principal sum, and not to his executors; because the annual-rent was never the defunct's, it not having been due to be paid before the term, although it was running at the time of the defunct's decease.

Spottiswood, p. 12.

*** Durie's report of this case is No. 123. p. 5569. voce Heritable and Moveable.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor3615881-011.html