Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. XVI.
Price of Heritable Subjects.
Hume v. L Renton.
Date: 7 February 1628 Case No. No 88.
A bond given for the price of lands, falls to the executor; and the annualrent which the Lords allow therefor, tho' not expressly stipulated, belongs also to him, and not to the heir.
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In an action betwixt Hume and L. Renton, wherein the pursuer, as executor confirmed to his father, pursues for payment of the sum of 1000 merks, for the price of some land sold by the pursuer's father to the defender's father, with the yearly annualrent thereof since the pursuer's decease; which pursuit, both for principal and annualrent, the Lords sustained at the instance of the executor; albeit it was alleged, that if any annualrent should be paid, it was only competent to be sought by the heir of the defunct, and not by the executor, who could not have right to seek annualrent, but only the principal sum; and also alleged, that neither heir nor executor could seek annualrent for that sum, seeing by the contract the defunct was only obliged to pay the principal, and was not obliged in any annualrent; which allegeances were repelled, for the Lords found, seeing the defender possessed the land, he ought also to pay the annualrent for the price thereof, so long as he retained it unpaid; and seeing the executor had right to the principal, the Lords found, that no other could have right to the annualrent thereof, but that it was due to him.
Act. ——.Alt. Belshes.Clerk, Gibson.
Fol. Dic.v. 1. p. 371. Durie, p. 340.
