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Scottish Court of Session Decisions >>
Cathcart v Row. [1675] Mor 483 (15 January 1675)
URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor0200483-010.html Cite as:
[1675] Mor 483
Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due ex pacto.
Cathcart v. Row
Date: 15 January 1675 Case No. No 10.
The same found.
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In a pursuit at the instance of Cathcart, for payment of a principal contained in a bond, with annualrent since the date thereof;—it was alleged, That the defender could not be liable for payment of annualrent, because there was no obligement in the bond for payment thereof.—It was replied, That the defender had been in use of payment of annualrent, and by a missive letter had promised to pay the same for the term subsequent to the former discharges.—The Lords did repell the defence in respect of the reply; and found, that the use and custom of paying annualrents, being proven, was sufficient in law to make the debtor liable for all terms following, during the not payment.
