Subject_1 ANNUALRENT. Subject_2 ANNUALRENT allowed ob favorem.
Hamilton v. Livingstone
Date: 23 March 1624 Case No. No 105.
Found that, notwithstanding the disposition of the Roman law, annualrent for tocher is not due by our custom, unless expressly so provided.
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In an action betwixt Hamilton and Livingstone of Belstane, who being obliged to pay to Hamilton 1000 merks, in tocher with his daughter, at a certain term, of long time past; to the effect the same might be employed upon land or annualrent, for yearly profit to Hamilton and his spouse; and being pursued for the yearly annualrent of all terms since the term of payment: The Lords found, That, albeit, by the destination of the contract, the defender was obliged to pay the sum, to the effect it might be so employed by the pursuer; yet seeing the defender was not obliged himself to employ it, and that the pursuer had never fought it, after the term of payment, before this present pursuit; and that the defender was specially obliged in the contract, in case of failzie of payment at the term, to pay only a liquidate sum for penalty, that the defender was not holden to pay annualrent.
Act. ——.Alt. Miller.Clerk, Gibson.
Fol. Dic. v. 1. p. 45. Durie, p. 123.
*** See Carnegie against Durham, No 11. p. 484. and No 14. p. 485.
