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Scottish Court of Session Decisions >>
The Heirs of Learmont v Gordon. [1705] Mor 9989 (2 January 1705)
URL: http://www.bailii.org/scot/cases/ScotCS/1705/Mor2409989-013.html Cite as:
[1705] Mor 9989
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Superintromission was not imputed in extinction of the debt, where the question was with a singular successor, who had acquired an infeftment of annualrent for an onerous cause; for intromission sine titulo is not legal payment to operate a real extinction. The debtor has his option to demand payment of the rents from his creditor, as intromitted with sine titulo; and if a personal objection lie against the creditor, making the intromission equivalent to payment quoad him, but not quoad the debtor, this cannot militate against a singular successor. See No 3. p. 9978.
Fol. Dic. v. 2. p. 51.
*** This case is No 12. p. 574, voce Annualrent, Infeftment of.
