Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due ex pacto.
Tutor of Vallange v. Dr Forrester
Date: 21 July 1630 Case No. No 23.
A pupil's stepfather gave bond to the tutor, to be accountable for his wife's intromissions; found liable for annualrent, though not mentioned in the bond.
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Umquhile Robert Vallange, burgess of Glasgow, in his testament, nominated his spouse tutrix to his bairns, and other two friends with her; who also nominate her executrix testamentar; by virtue whereof, she intromits with his goods and gear, and before year and day, marries Dr Forrester, whereby her tutory ceases; yet she continues intromissatrix for the space of three or four years after the marriage. The other two tutors obtain bond of Dr Forrester, that he shall be countable for his wife's intromissions: They charge him, conform to his bond, for the sums intromitted with by his wife, and for the annualrent.—He suspends, alleging he ought not to pay annualrent, because his bond bore not the same per expressum.
——The Lords ordained him to be countable for the annualrents.
Fol. Dic. v. 1. p. 38. Auchinleck, MS. (Tutor.). p. 205.
