Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due ex mora.
Date: 17 December 1686 Case No. No 27.
The contrary found.
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A man living in Galloway is denounced at the market-cross of Edinburgh on a decreet: It was argued, that the sum in the decreet bears annualrent since that denunciation, by the 20th act of Parliament 1621, as well as it will debar him ab agendo, and be the ground of a caption, though it will not make his escheat fall; and that a naked denunciation (though unregistrate) will make annualrent due; which the Lords decided, because the act mentions not registration; though I think it has been only forgot, and so must be supplied from other acts: And the reason of the law goes on the debtor's contumacy; now the disobeying the charge makes him contumacious wherever he be denounced; but, on the other hand, some think, no horning should infer this severe certification of annualrent, but that which is legally executed, and whereon his escheat would fall. And it was so found in Stair's Decisions, 26th January 1665, Hutchison, No 25.