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Scottish Court of Session Decisions >>
Zair v Ramsay. [1628] Mor 484 (2 December 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor0200484-012.html Cite as:
[1628] Mor 484
Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due ex pacto.
Zair v. Ramsay
Date: 2 December 1628 Case No. No 12.
Annualrent stipulated for one term, found ever due till payment.
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In a pursuit Zair contra Ramsay, for payment of the by-gone annualrents, of a sum contained in a bond, which was of this tenor, that the debtor was obliged to pay 1000 pounds at the term in the bond, and in case of failzie, to pay 100 pounds for annualrent and profit thereof, with 300 merks of expences, if the creditor should be compelled to seek and charge for the same; this bond was found to be heritable, and the debtor was found subject to pay the whole byrun annualrents, yearly since the term of payment, albeit the bond bore only the debtor to be bound to pay one year's profit and a penalty, and not to pay yearly that annualrent, so long as the sum was unpaid.
