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Scottish Court of Session Decisions >>
Carnegie of Balmachie v Durham of Anachie. [1676] Mor 484 (20 December 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Mor0200484-011.html Cite as:
[1676] Mor 484
Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due ex pacto.
Carnegie of Balmachie v. Durham of Anachie
Date: 20 December 1676 Case No. No 11.
The same found.
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The Lords found, That albeit by the common law, annualrent be due for tocher; yet, by our custom, it is not payable, unless it be so provided by the bond or contract for the same; but, in the case in question, they found the defender liable to pay annualrent, in respect the debtor had been in use of payment, at the least, had promised to pay annualrant for certain years bygone; and annualrent once payed, implies a tacit paction to continue the payment of the same.
Reporter, Thesaurer-depute.
Fol. Dic. v. 1. p. 37. Dirleton, No 408. p. 200.
