Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. XII.
Effect of the death of Debtor or Creditor, before the term of payment, in cases of Bonds heritable by a clause of annualrent.
Bairns of Colonel Henderson v. Murray
Date: 8 January 1624 Case No. No 67.
The creditor in a bond dying before the term of payment, the annualrent was found to belong to the heir.
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In an action betwixt the bairns of umquhile Colonel Henderson and James Murray, a bond being made for payment of a sum of money, with yearly annualrent therefor, after an heritable manner, to the Colonel, and he dying before the first term appointed for payment of the annualrent; for the bond was made, and the money lent out at Whitsunday 1622, and the first term's payment of the annualrent was by the bond appointed to be at Martinmas thereafter, the same year 1622, for the profit of the money of the term and space decurring betwixt Whitsunday, at which time the money was lent, and the said term of Martinmas subsequent, before the which term of Martinmas the Colonel died, to wit, in the month of August preceding: it being questioned betwixt the parties, to whom the said term's annualrent pertained, whether to the Colonel's heir or his execator; the LORDS found, that the same pertained to the heir, and was not due to the executor, seeing the Colonel died before he could crave the annual, it could not at the time of his decease be reputed in bonis ejus, and consequently could not pertain to his executor. See Term legal and Conventional.
Act. Hope & Baird.Alt. Morison.Clerk, Gibson.
Durie, p. 96.
