[1741] 1 Elchies 174
Subject_1 HEIR AND EXECUTOR.
Thomas Pringle
v.
Executors of Pringle
1741 ,June 4 .
Case No.No. 1.
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A tenant entering into a grass-room at Whitsunday and the rent payable half yearly, the first payment being the first Martinmas after his entry, and the heritor dying after Martinmas,—the Lords found, that he having survived both the legal terms, his executors have right to the rent not only payable at Martinmas but also at the following Whitsunday after the heritors death,—much against the inclination of several of us, who were for the interlocutor. But we thought ourselves tied down by former precedents, 21st February 1635, L. Westnisbet, observed by Durie and also by Spottiswood, verbo Executry in fine, (Dict. No. 15. p. 15,883) and 20th July 1671, Guthrie, (Dict. No 25. p. 15,890.)
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