Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
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Date: 16 June 1688
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It was debated, if bygone annualrents of a sum in a decreet, bear annualrent after denunciation, as well as the principal, by the 20th Act 1621. Stair affirms it, tit. 10, § 75; and there is a decision for it, 31st January 1663, Carberry; and, after apprising, annuals bears annuals. Yet some doubt of this, because anatocismus is prohibited by law, though annuals may be accumulated by paction into a principal by bond.
2do, Quæritur whether a wife be bound to stand to tacks set by her husband of her liferent-lands, not for an elusory duty, but even to the full avail, whereof there are years to run at his death and her entry; seeing a tutor's tack expires with his office, and she may desire to possess the lands herself; and, like a ward, the tack should sleep till it end. See Craig on this point.
