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[1677] 3 Brn 206      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.

Oliphant of Gask
v.
-

1677. December.

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In a case of Oliphant of Gask's, there is an old bond bearing annualrent. The same is transacted; and in satisfaction thereof, and in obedience to a decreet-arbi-tral, a new bond is given, but contains no obligement for paying of annual; yet it is acclaimed, because the old bond bore it, et surrogatum sapit naturam ejus in cu-jus locum subrogatur. (See Stair's Decisions, 30th July, 1661, Brown and Carleton; and Dury, 15th July, 1631, Forbes.) The Lords found annualrent due; which some thought strange. Dury, in his Practiques, observes sundry cases where annual is due, though there be no paction for it. It is due, ex lege, after horning; 2do, To a cautioner; 3tio, If the price of land; 4to, Upon bills of exchange; 5to, Upon use of payment; 6to, If one term be mentioned in the bond, though no more; 7mo, To brokers in Bordeaux. Vide No. 673, Pyronon against Morison, 8th December, 1677; as, also, see other observes anent this point beside me.

Advocates' MS. No. 678, folio 311.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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