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Scottish Court of Session Decisions >>
Gray v Tenants of Fairniflat. [1626] Mor 562 (2 March 1626)
URL: http://www.bailii.org/scot/cases/ScotCS/1626/Mor0200562-108.html
Subject_1 ANNUALRENT. Subject_2 What puts a stop to the course of ANNUALRENT.
Gray v. Tenants of Fairniflat
Date: 2 March 1626 Case No. No 108.
A charge on an heritable bond did not stop the course of annualrent.
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In an action to make arrested goods forthcoming, pursued against Graham of Fairniflat, and the Tenants of the lands, in whose hands the farms, addebted by them to the master, were arrested, and desired to be made forthcoming to the creditors: Gray, who was pursuer of this action, for satisfying of the principal debt, and annuals thereof, owing by the said Graham, heritor of the lands, wherein charges being execute upon an heritable bond, for payment of the principal sum, and annualrents, conform to the bond, after requisition made, conform to the clause of the bond; and the party charged contending, that, after the charge, he was not subject in any annual, for any terms subsequent, after the charge: The Lords found, that, notwithstanding of the charge, the debtor was still subject, in the annualrent, for all terms after the charge, continually while payment was made of the principal sum; and so that the defender might arrest, both for his principal sum, and the annuals thereof.
