Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due ex pacto.
Keith v. Bruce
Date: 16 February 1629 Case No. No 16.
A contract of marriage contained an obligation only to pay a sum at a certain term, with one year's annualrent. Annualrent decerned for, for all terms bygone, since the date of the contract, in respect it was for tocher.
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Keith pursued Bruce, cautioner for Conn, who was to give to Keith in tocher-good, 2500 merks. The question was about the annualrent of the sum, since the date of the contract, which bore no annualrent as long as it should remain unpaid; only it proported, that he obliged himself to pay 2500 merks at Martinmas, with one term's annualrent.——The Lords found annualrent to be due for all terms bygone, in respect it was for tocher-good.
Fol. Dic. v. 1. p. 37. Spottiswood, (Usury.) p. 353.
