Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due by those who are lucrati, as having had the use of money belonging to others.
Lord Balnagoun v. Mr Thomas M'Kenzie
Date: 28 January 1663 Case No. No 85.
Found in conformity with No 82. p. 544.
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Balnagoun as donatar to the escheat of his father, pursues Mr Thomas M'Kenzie for the price of some lands sold to him by his father, and for the annualrents since.—It was answered for the defender, That there was no annualrent due by the minute; and albeit it was the price of land; yet Balnagoun had never made Mr Thomas a right to this day, but had forced him to be at a huge expences and plea, and so was in mora, that the price was not paid; and albeit he did possess the lands, it was by redeeming wadsets thereupon, contained in the minute.
The Lords found Mr Thomas liable, either for the annualrent, or for the superplus of the rents of the land, more than paid the annualrent. In this process, it was found, that the probation of a tenor, before an inferior judge, was null. (See Jurisdiction, Prorogation of.)
