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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Robertson v. Home of Eccles
Date: 29 November 1679
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In a case, Robertson against Home of Eccles, Harcus found an apparent heir's voluntary paying annualrent for a sum owing by his father's bond, (to whom he was not otherwise heir,) was not such a passive title as to be a homologation by entering in use of payment, or to lay an obligation upon him to pay the rest of it, (which would have bound him to annualrent, if it bad been his own bond not bearing a clause of annualrent, or if it had been granted by him in his minority, and he had paid annualrent for it after his majority, for that would have tied him;) for his civility ought not to make him liable to pay the rest of the debt; much less then can it be an argument for other creditors to crave payment thereon; for an apparent heir may voluntarily pay one, and not another. See Dury, 26th January 1628, Commissary of Dunkeld; and penult. July 1630, Johnston.
