Subject_1 ANNUALRENT. Subject_2 Whether ANNUALRENT be due by CONSIGNATARS?
Douglas v. Weddell
Date: 31 January 1624 Case No. No 98.
A consignatary of money for redemption of land, found not liable for annualrent on the sum.
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In an action betwixt James Douglas and Weddell and the Earl of Morton, The Lords, found, That a depositar, in whose hands money was consigned for redemption of land, was not holden to pay profit for any consigned money, albeit the party against whom the redemption was to be used, and to whose use the money was consigned, offered both at the time of the order and consignation, and also at the calling of this action, which was intented by him against the depositar and the party consigner, for his interest, for the delivery to him of the money, with the profit thereof, to renounce and give over the lands desired to be redeemed; and albeit also, that the reason libelled, for the which he craved the depositar to be decerned to pay profit, was, because he instantly, at the very time of the alleged consignation, gave back the money again to the party consigner, who had made use thereof continually synsine; neither whereof was respected to sustain the action against the depositar, for paying of profit; but he was assoilzied therefrom.
Act. Hope & Oliphant.Alt. King.Clerk, Scot.
Durie, p. 103.
