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Scottish Court of Session Decisions >>
Sir James Stewart v The Lord Belhaven. [1668] Mor 525 (18 July 1668)
URL: http://www.bailii.org/scot/cases/ScotCS/1668/Mor0200525-063.html Cite as:
[1668] Mor 525
Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due to CAUTIONERS, FACTORS, MANDATARS, TUTORS, &c. Subject_3 As a Recompence for advancing their own Money upon their Constiuent's Account.
Sir James Stewart v. The Lord Belhaven
Date: 18 July 1668 Case No. No 63.
A cautioner having paid annualrent, without legal distress, found to have no title to crave annualrent of annualrent, the payment being voluntary.
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Sir James Stewart being cautioner for the Lord Belhaven to Sir Archibald Primrose, clerk-register, for the sum of whereof there being several years annualrent resting, for which he did grant a new bond, bearing annualrent, did pursue the Lord Belhaven for payment, not only of the annualrents due by the first bond, but of the annualrent thereof since the time that he had given bond bearing annualrent: Which the Lords would not sustain, seeing the said Sir James did not instruct any just distress whereupon he was forced to make payment and give bond; and found that a verbal threatening was not Sufficient, the bond not being registrate, nor any charge given thereupon; so that the payment was voluntar; yet they did modify as much of the penalty as did near come to the half of the annualrents.
