BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Dowgal M'Pherson v Alexander Wedderburn. [1668] Mor 563 (14 January 1668)
URL: http://www.bailii.org/scot/cases/ScotCS/1668/Mor0200563-110.html Cite as:
[1668] Mor 563
Subject_1 ANNUALRENT. Subject_2 What puts a stop to the course of ANNUALRENT.
Dowgal M'Pherson v. Alexander Wedderburn
Date: 14 January 1668 Case No. No 110.
A debtor, upon a relevant reason of suspension, consigned a sum, due by bond bearing interest; and thereafter uplifted it. The course of interest was not stopt in the interim.
Click here to view a pdf copy of this documet : PDF Copy
Dowgal M'Pherson having charged Alexander Wedderburn of Kingennie, provost of Dundee, for payment of a sum of money; he suspends on this reason, That the sum was payable to Dowgal and his wife in liferent, and contained a clause of premonition and requisition, and the sum to be consigned in the hands of the dean of guild of Dundee, which was consigned accordingly.—The charger answered, That he offered to prove, by the suspender's oath, that he took up the money from the dean of guild, and therefore he must re-produce the same, with the annualrents thereof since the consignation.—It was answered, That it being the charger's fault that the suspender was put to consign, because he had not a discharge granted by his wife judicially, that therefore he could not be liable for annualrent, in that he uplifted the sum, unless it were proven he had made profit thereof; but he offered to depone, that he had all the money still lying by him, and got no profit of the same, and that he ought to have uplifted, in regard he was liable for the hazard of the consignation.
The Lords found the suspender liable to produce the money consigned, with the annualrent since; seeing he uplifted the same, without difference whether he made profit or not.
