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Scottish Court of Session Decisions >>
Kincaid's Children v Mr James Deas. [1696] Mor 7060 (24 January 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Mor1707060-004.html Cite as:
[1696] Mor 7060
Found, that the taking a bond of corroboration does not cut off preceding annualrents, of the debt corroborated.
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Halcraig reported the Children of Thomas Kincaid chirurgeon, against Mr James Deas of Coldingknows Advocate.—The question was, if the accepting a bond of corroboration, bearing only annualrent from the date of the next term, presumed that all preceding annualrents were either discounted or paid. By the common practice, men of ordinary caution do either state an account of all then resting, and accumulate them in the new bond and security; or if they be not included then, they are either paid, or a new ticket given for them, and they are discharged. But the plurality of the Lords found in rigore juris the taking a bond of corroboration did not cut off preceding annualrents, because one may renounce his bonds of corroborarion and pass from them, and take himself to the first bonds corroborated, and charge on them, except they be expressly innovated.
Fol. Dic. v. 1. p. 477. Fountainhall, v. 1. p. 704.
