Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due ex pacto.
Earl of Wintoun v. Seatoun of Minnes
Date: 13 January 1669 Case No. No 13.
The same found.
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George Seaton of Minnes, having borrowed from the Earl of Wintoun's grand-father, the sum of L. 400, and given ticket to one Heriot his servant, payable at Lambmas 1650, and by a missive letter at Martinmas thereafter, directed to the Earl, excusing himself for not payment at the term, and promising to pay annualrent for the time that the Earl had lyen out: This Earl of Wintoun, as having right from the executors of Heriot, did pursue both for principal and the whole annualrents, extending to as much as the principal sum; which the Lords did sustain, notwitstanding it was alleged, That the missive letter was only obligator for payment of annualrent the time preceding, but not for the future; and therefore, the defender was not in mora, having offered by the said missive to pay the same to the Earl of Marshall, if the Earl of Wintoun would so order it; for they found, That annualrent being once promised, the debtor was still liable therefor, until payment; albeit the promise did bear no such thing.
