BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Colonel Erskine v Earl of Lauderdale. [1736] Mor 554 (18 February 1736)
URL: http://www.bailii.org/scot/cases/ScotCS/1736/Mor0200554-096.html Cite as:
[1736] Mor 554
Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due by those who uplift Sums bearing Annualrent.
Colonel Erskine v. Earl of Lauderdale
Date: 18 February 1736 Case No. No 96.
One creditor having, by consent, uplifted from a judicial factor, rents due to another, found liable in annualrent thereof.
Click here to view a pdf copy of this documet : PDF Copy
A factor upon a bankrupt estate, having a considerable sum of bygone rents in his hands, bearing interest, the two preferable creditors upon the estate, who had long disputed which of them was to be ranked first in order, apprehensive of the rents perishing, agreed to divide the same in a certain proportion: In consequence of this agreement, application was made to the Court of Session in the name of one, with consent of the other; and he accordingly uplifted the bygone rents out of the factor's hands; and being many years thereafter pursued by the other creditor upon the agreement, was obliged to repeat the pursuer's proportion of the rents, with interest from the time of uplifting.
