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Scottish Court of Session Decisions >>
Montgomerie v Montcomerie. [1737] Mor 9878 (21 December 1737)
URL: http://www.bailii.org/scot/cases/ScotCS/1737/Mor2309878-211.html Cite as:
[1737] Mor 9878
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One disponed a tenement to a stranger, with this provision, “That the disponee, by accepting of the disposition, should be bound to pay a yearly annuity to the granter's heir.” In a process for payment of the annuity, the defence was, That he had not as yet resolved, whether he would accept of the disposition, and there is no law obliging him to accept within a limited time.—Answered, This is implied in the nature of the thing. It would be unreasonable to bring the pursuer under the necessity of entering heir, and subjecting himself to all the predecessor's debts, in the view of carrying a subject, which might be taken from him the next day by the disponee; and it would be as unreasonable for the disponee to stand silent, and neither touch the rents himself, nor allow them to be touched by the pursuer.—The Lords found the defender must either accept or repudiate. See Appendix.
