Scottish Court of Session Decisions

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

The Laird of Balfour
v.
John Wood's Executors

Date: 7 November 1676

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James Beaton of Balfour, having granted a wadset of some lands to James Wood, for security of the sum of ten thousand pounds, which consisted in bonds, bearing principal sums, and annualrent extending to that sum; Balfour having charged the debtors, and finding that some of the annualrents were discharged before his assignation, did pursue the executors of James Wood for payment of the annualrents; and for payment of the annualrents of these annualrents, since the wadset.

It was alleged, That there could be no annualrents craved for these annualrents; because no annualrents were due in law but for principal sums bearing annualrent ex parte; or upon sums whereupon the debtors were denounced rebels, conform to the Act of Parliament.

It was answered, That the pursuer was in the case of the sale of lands for a principal sum of money, contained in the disposition, where the buyer possessing the lands was liable for annualrent, albeit the disposition, or contract of sale, did not bear any.

The Lords did find, that the annualrents of the bonds assigned, being but a part of the principal sum contained in the wadset, that the wadsetter enjoying the full back-tack duty or the rents for the lands wadset, he was liable for the annualrent of these sums which were due, and which the granter of the wadset was deprived of by the wadsetter's deed; and that there was no difference betwixt dispositions of wadsets and absolute irredeemable rights, as to this case.

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