Subject_2 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Process
Date: 5 July 1671
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A certain person pursuing on a bond for payment-making to him of the sum therein contained, and the annualrent thereof from the date. Against which it was alleged, No process for the annualrent, because the bond bears none. Replied, Though it bears no annualrent, yet shortly after its date, the debtor being charged, he was denounced and registrate at the horn; from which time he must be liable to the creditor, now pursuer, in annualrent. Duplied, This is noway receivable by way of reply; but in all form and justice he should have libelled thereupon, and given out the horning with the process as one of its instructions, and in modum tituli. Craigie inclined to sustain it by way of reply; but I observed Sir G. Lockhart and the most learned in the house, to differ from him therein.
