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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hermiston v L. Sinclair. [1667] Mor 2263 (17 July 1667)
URL: http://www.bailii.org/scot/cases/ScotCS/1667/Mor0602263-013.html
Cite as: [1667] Mor 2263

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[1667] Mor 2263      

Subject_1 CLAUSE.
Subject_2 SECT. II.

Demonstrative or Taxative.

Hermiston
v.
L Sinclair.

Date: 17 July 1667
Case No. No 13.

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Hermiston being bound to pay to the Lord Sinclair, his brother, out of the first and readiest of the rents of the estate of Sinclair, a certain annuity;

The Lords found, That he ought to pay the said annuity entire, though he pretended he was not obliged simply, but out of the rents; and that the said rents, in respect of the real burdens upon the estate, and the low rates of victual, would not extend to satisfy the same; seeing he was obliged to pay out of the first and readiest.

Fol. Dic. v. 1. p. 145. Dirleton, No 99. p. 39.

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/1667/Mor0602263-013.html