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Scottish Court of Session Decisions >>
Gilbert M'Micken of Glenwhilly, v Alexander Kennedy of Glenoure. [1706] Mor 524 (27 June 1706)
URL: http://www.bailii.org/scot/cases/ScotCS/1706/Mor0200524-062.html Cite as:
[1706] Mor 524
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.
Gilbert M'Micken of Glenwhilly, v. Alexander Kennedy of Glenoure
Date: 27 June 1706 Case No. No 62.
Found as above.
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In the charge at the instance of Gilbert M'Micken of Glenwhilly, against Alexander Kennedy of Glenoure, the Lords found, That a distressed cautioner paying annualrents, had right by the clause of relief, to require annualrent of the annualrents from the time of payment. 2do, That acts of usury anterior to the Queen's indemnity were thereby discharged, and the informer could have no share or benefit, upon the account of information given after the proclamation. 3tio, That the writer of a bond being designed notar, the designation was sufficient; for that is not like the general designation of writer, which every body assumes at pleasure; a notary having a public office, that requires a previous trial and admission by the Lords of Session, and an act to be extracted thereon, by a clerk appointed for that effect, who keeps a particular record of the name, diary, and manner of subscription of the person admitted, 4to, That a creditor taking assignation from his debtor, to mails and duties not expressly in satisfaction, and intimating the same to the tenants, is not obliged to impute the rents in his payment, or instruct exact diligence; unless he had debarred either the debtor or his creditors from intromitting. (See Writ, what Designation sufficient.—See Diligence, Prestably by Assignees.—See Indemnity.)
