Subject_1 ANNUALRENT. Subject_2 Whether due, in condictione indebiti.
Sir Adam Blair v. James Gilmour
Date: 30 July 1678 Case No. No 94.
Found in conformity with the above.
Click here to view a pdf copy of this documet : PDF Copy
Its a repetition of a sum paid by him as one of the King's receivers, when it was paid before.——The Lords would not sustain the condictio for annualrents, because they are only due ex pacto et lege, and the King's use of payment was only of his bounty; yet modified a sum in name of damage and interest.
Fol. Dic. v. 1. p. 43. Fountainhall, MS.
*** In the case, Lockhart against Ellies, No 41. p. 504. found, That money bona fide uplifted, is to be restored without interest, though the money belong to a minor.
