Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Antonieta Pyronon v. George Morison of Pitfour
Date: 8 December 1677
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Antonieta Pyronon, as executor confirmed to John Peironnoun, broker in Bordeaux, her father, having obtained a decreet against George Morison of Pitfour, as oy and heir by progress to George Morison, provost of Aberdene, for L. 2000 or thereby, resting by the said provost to the said John Pyronon, and which was proven to be resting by the said George's latter will and testament, where, from a touch and remorse of conscience, he acknowledged that debt, which had been long concealed; she did thereafter pursue this same defender for the annual-rent of this principal sum, upon this ground of fact and law, that brokers' money, by the law and custom of Bordeaux, bears annual-rent. And the custom having been sustained relevant formerly to infer annual-rent, and a commission directed to Monsieur La Vi for proving of it at Bordeaux; and the same being advised this day, the Lords, by the report, found the custom sufficiently proven, and therefore decerned for the annual-rent from the time of John Peironnon's decease, which was in 1631; and so found annual-rent due, though there was none in the bond, decreet, or rather in the testament by which the debt was proven; and that in respect of the custom of brokers at Bordeaux to get annual-rent for the monies they advanced to merchants. But thereafter, on a supplication given in by the defenders, the Lords, on the 5th of February, 1678, restricted the annual-rent to the time of Provost Morison's decease, which was in 1658, on this reason, that there being no other probation but his confession in his testament, declaring such a sum in the general to be resting, it was to be presumed and understood, that with the same ingenuity he confessed the principal, he would likewise count the annual-rent. (They found, the only probation of the debt emitted being his confession ob levamen conscientice, it was to be presumed he had confessed all that was due calculo rotundo.) But he would not dream of any annual-rents due, nor mind the custom. See a note of this Antonieta Pyronon's process alibi. See our informations, with their bill, and our answers to it. See Oliphant against ——, December, 1677, No. 678.
And it having been alleged, that thir annuals behoved to be confirmed, the Lords found no necessity thereof, since they were due after Peironon's death, and so belonged to her nomine proprio, and not executorio; and could not be in Peironon's goods, they not being then due when he deceased.
