Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due by those who uplift Sums bearing Annualrent.
Dickson v. Hamilton
Date: 23 November 1762 Case No. No 97.
A person, who, by deceiving a weak man, had obtained a bond from him, and ranked on his estate for it; when forced to make repetition 44 years afterwards, was found liable in interest only from citation.
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Hamilton, writer to the signet, got a bond for 4000 merks from Baillie of Walston, a weak foolish man, on account of services he had done, in negotiating a sale of his estate. It came out, that instead of doing him service, he had betrayed him.
Action was brought by Walston's Representatives, for restitution against Hamilton's Representatives. The Court found the latter liable.
Then the question occurred, Whether annualrent for 44 years was also due? It was found due upon this medium, that Hamilton had taken decreet for the sum, and got himself ranked for it, upon the price of the lands of Walston, which was bearing interest.
This interlocutor was afterwards altered, and interest allowed only from citation.
