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Scottish Court of Session Decisions >>
Smith v Waugh. [1673] Mor 491 (11 February 1673)
URL: http://www.bailii.org/scot/cases/ScotCS/1673/Mor0200491-024.html Cite as:
[1673] Mor 491
Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due ex mora.
Smith v. Waugh
Date: 11 February 1673 Case No. No 24.
Denunciation makes the firm bear annualrent, though the horning be not registred.
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In a pursuit at the instance of Robert Smith against Mr John Waugh, referred to an auditor, this query was reported, whether annnalrent was due after denunciation, albeit the horning was not registrate, and so was alleged to be null by the act of Parliament.
The Lords found, That albeit the want of registration did annul the horning as to escheat, by the old act of Parliament; yet that it was not null as to inferring annualrent by the act of Parliament 1621, bearing expressly annualrent to be due from the date of the denounciation, without any mention of registration, and annualrent being very favourable after all diligence, which is due in most nations by delay or litiscontestation, and with us is not due but by paction, even not by sentence, but only by horning and denunciation, wherein the debtor hath no reason to object against the creditor's favour, in not registrating him at the horn, to make his escheat fall.
