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Scottish Court of Session Decisions >>
Patrick Bell, Merchant in Glasgow, v William Colquhon of Craigton. [1694] 4 Brn 144 (7 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040144-0326.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Patrick Bell, Merchant in Glasgow, v. William Colquhon of Craigton
Date: 7 February 1694
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The Lords found the king's commission to the Earl of Loudon, to sell the annuities, was not restrictive, that they should be only sold to heritors and liferenters, but even to them who had no interest in the land, bearing the words et aliis; and that thir annuities are not discharged by the Act of Grace in 1673, seeing they were disponed before it; and that the king could remit none but these which were undisposed on: and found none could be liable for them but only the heritors and possessors for the respective years in which they were acclaimed, they not being debita fundi, but only fructuum: but in regard there was yet 600 merks of the price in the buyer's hand, allowed the disponer to be cited incidenter in this process, to answer why a part of the said price should not be made forthcoming for the annuities of these years wherein the disponer possessed, after deduction of purging incumbrances, and other real burdens affecting the land.
