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Scottish Court of Session Decisions >>
Oliphant of Gask v - . [1677] 3 Brn 206 (00 December 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn030206-0254.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Oliphant of Gask v. -
1677.
December.
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In a case of Oliphant of Gask's, there is an old bond bearing annualrent. The same is transacted; and in satisfaction thereof, and in obedience to a decreet-arbi-tral, a new bond is given, but contains no obligement for paying of annual; yet it is acclaimed, because the old bond bore it, et surrogatum sapit naturam ejus in cu-jus locum subrogatur. (See Stair's Decisions, 30th July, 1661, Brown and Carleton; and Dury, 15th July, 1631, Forbes.) The Lords found annualrent due; which some thought strange. Dury, in his Practiques, observes sundry cases where annual is due, though there be no paction for it. It is due, ex lege, after horning; 2do, To a cautioner; 3tio, If the price of land; 4to, Upon bills of exchange; 5to, Upon use of payment; 6to, If one term be mentioned in the bond, though no more; 7mo, To brokers in Bordeaux. Vide No. 673, Pyronon against Morison, 8th December, 1677; as, also, see other observes anent this point beside me.
