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Scottish Court of Session Decisions >>
Hamilton v His Tenants. [1629] Mor 566 (15 July 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor0200566-002.html Cite as:
[1629] Mor 566
Subject_1 ANNUALRENT, INFEFTMENT OF. Subject_2 Whether an Annualrent-Right be a foundation for Mails and Duties?
Hamilton v. His Tenants
Date: 15 July 1629 Case No. No 2.
An annualrenter preferred, in a competition for the rents with the proprietor. The annualrenter had obtained a poinding of the ground, and his right was prior.
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Sir John Hamilton of Skirling, pursuing his tenants upon his heritable right, for the farms of some lands possessed by them, one who was infeft in an annualrent of silver out of that land compearing, and desiring to be preferred to the heritor pro tanto out of the readiest of the saids farms, albeit they were not yet liquidate: The annualrenter was preferred, his right being before the pursuer's right, and the victual was ordained to be liquidate; but the annualrenter had obtained a decreet for poinding of the ground parte non comparante, wherein this pursuer was called.
Clerk, Gibson.
Fol. Dic. v. 1. p. 45. Durie, p. 462.
