Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Anent Indebiti Solutio
1677.
June.
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Where one pursued for repetition of money indebite solutum, condictione indebiti, it fell to be questioned whether the annualrents of the sum paid could be con-dieted, since they were fructus et accessio principalis sortis, and so should follow it. On the other hand, they were not paid, and so could not be repeated; their mother only was paid, and they are fructus bona fide consumpti. And thus Cujace, in his Paratitle ad Tit. C. de privilegio fisci, tells, where a privileged creditor retracts the payment the debtor by gratification had made to another less privileged creditor, condictione indebiti, he recovers it, but sine usuris. Yet our Lords, on the 5th of July, 1677, found the intermediate annuals ought to be restored as well as the principal; only that they were due ut damnum et interesse. For the case of conditio indebiti, see at great length, supra, in February, 1673, Ramsay and Ro-bertsone, No. 385.
In lege 15, D. de Condictione indebiti, etiam accessiones veniunt.
