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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Patrick M'Dowal v Charles Mac-Dowal [1766] Hailes 829 (5 February 1779)
URL: http://www.bailii.org/scot/cases/ScotCS/1766/Hailes020829-0512.html
Cite as: [1766] Hailes 829
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[1766] Hailes 829
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 ANNUALRENT.
Subject_3 The Lords found, that distressed cautioners were entitled to charge interest upon interest.
Date: Creditors of Patrick M'Dowal
v.
Charles Mac-Dowal
5 February 1779 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. VIII. 31; Dict. 532.]
Braxfield. When Mr Charles M'Dowal obtained his decreet of valuation, the chequer was closed. I consider that decreet as equivalent to a decreet of sale at that period: all debts are innovated and all accumulated. If Mr M'Dowal, being cautioner for his father in L.1000, has paid L.100 of interest, and L.100 of interest is still due, he states himself creditor for L.1200: he can get that, and he can get no more: he cannot afterwards make any farther claim.
On the 26th February 1779, “The Lords found that the debt must be struck as at the time of the decreet of valuation;” varying Lord Kennet's interlocutor.
Act. Ch. Hay. Alt. G. Ferguson.
The electronic version of the text was provided by the Scottish Council of Law Reporting