Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Mr Colline Campbell
v.
George Campbell of Airds, and Mr John, his Brother

Date: 13 June 1674

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In a suspension raised at the instance of George Campbell, and Mr John, his eldest son, who were charged at the instance of Mr Colline, his second son, to make payment of the sum of —, contained in their bond, upon this reason, That, by a condition in the bond, there was no annualrent to be paid during the father's lifetime; and, therefore, the father being yet alive, and the annualrent being only due by the eldest son after the father's decease, the principal sum could not be charged for, to be lent out to another upon annualrent; seeing that would evacuate the condition of the bond, and take from them the benefit of making use of the principal without payment of the annualrent.

It was answered for the charger, That, notwithstanding of that condition, there being a special term of payment inserted in the bond, with the consent to raise horning and charge for payment after the said term, both by the father and elder brother, the letters ought to be found orderly proceeded, notwithstanding of the said condition, and that the father was yet alive.

The Lords did find, That this bond, being conceived as said is, the condition would import no more but to free the suspenders of annualrent until the term of payment, the father being then alive; and therefore ordained the letters to be put in execution, and annualrent to be paid since the term of payment.

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