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Scottish Court of Session Decisions >>
Wilkie v Wilkie. [1709] Mor 106 (10 June 1709)
URL: http://www.bailii.org/scot/cases/ScotCS/1709/Mor0100106-016.html Cite as:
[1709] Mor 106
Subject_1 ADJUDICATION and APPRISING. Subject_2 Of the DEBT which is the FOUNDATION of the DILIGENCE.
Wilkie v. Wilkie
Date: 10 June 1709 Case No. No 16.
The sums in an adjudication bear annualrent from the date of the decree, not from the time of acculation.
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In the competition betwixt the children of the second marriage of old John Wilkie, and the creditors of young John Wilkie; The Lords found, That the accumulating annualrents, in a decreet of adjudication, at a term preceding the date thereof, without mentioning from what time annualrent of the accumulate sum should run, was no nullity, or ground of restriction; in respect, de jure, the sums in an adjudication bear annualrent from the date of the decreet only, and not from the time of the accumulation, when the term of commencement is not expressed.
