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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Ogilvy v Lord Ogilvy's Heir. [1630] 1 Brn 317 (15 December 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Brn010317-0839.html
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: James Ogilvy
v.
Lord Ogilvy's Heir
15 December 1630 Click here to view a pdf copy of this documet : PDF Copy
James Ogilvy, son to Mr David, comprised the right of a contract, whereby the umquhile Lord Ogilvy bound and obliged him and his heirs, to content and pay to the said Mr David the sum of 2000 merks, and to infeft him in an annualrent of 200 merks while the principal sum be paid; and, by virtue of this comprising, pursues for the byrun annualrents resting owing before and since the comprising. It was answered for the Lord Ogilvy, That the byrun annualrent being a moveable debt, could not be craved by reason of the comprising;
which, by the law and practique, strikes not on moveable, but on heritable rights. Which exception the Lords found relevant. Page 37.
The electronic version of the text was provided by the Scottish Council of Law Reporting