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Scottish Court of Session Decisions >>
Barclays v Pearson. [1682] Mor 5777 (26 January 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor1405777-015.html Cite as:
[1682] Mor 5777
What subjects fall sub communione bonorum et debitorum.
Subject_3 SECT. II.
Bonds containing Substitutions. - Bonds bearing Annualrent. - Bonds having clauses of Infeftment. - Bonds assigned before Marriage, though not intimated. - Bond to the Widow's Fund. - Arrears of taxes due by a Minister.
Barclays v. Pearson
Date: 26 January 1682 Case No. No 15.
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The creditor in a bond dying after the term of payment of the principal, and before the term of payment of annualrent; the bond was found moveable as to the relict, the payment of annualrent being that which makes it heritable quoad relictam; but a clause to infeft would have made the bond heritable ab initio; and it is debateable, if a clause secluding executors would exclude the wife from her part of a bond, otherwise moveable, albeit it would cut off the fisk and executors.
Fol. Dic. v. 1.p. 385. Harcarse, (Bonds.) No 171. p. 38.
