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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain Chalmers v Cunningham. [1737] 1 Elchies 27 (24 June 1737) URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies010027-004.html |
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Subject_1 ANNUALRENT.
Captain Chalmers
v.
Cunningham
1737 ,June 24 .
Case No.No. 4.
Click here to view a pdf copy of this documet : PDF Copy
Sir David Cunningham having by the articles right to the whole crop 1695, which was payable, the money at Martinmas 1695, and some victual betwixt Yule and Candlemas thereafter, the Lords found, that the price bore annualrent from Martinmas 1694; that so a year's annualrent might fall due when a year's rent of the lands was due; (and Arniston thought it would have been the same, though the conventional terms of the rents had been later, since Martinmas is the last legal term.) But several (inter quos Royston,) thought that it should carry annualrent only from Whitsunday 1695. It is surprising, that since the general point, that the price of land bears annualrent, has been so long settled, it should be yet uncertain, and the Bench so much divided, from what term it carries annualrent. The other points in this case are hardly worth marking; but yet the Lords found, that the assignation bearing payment of certain sums equivalent to, &c. imported payment of the whole sums. The Lords adhered as to the annualrent.
The electronic version of the text was provided by the Scottish Council of Law Reporting
