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Scottish Court of Session Decisions >>
Nasmith v Nasmith. [1628] Mor 506 (18 March 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor0200506-044.html Cite as:
[1628] Mor 506
Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due by TUTORS and CURATORS.
Nasmith v. Nasmith
Date: 18 March 1628 Case No. No 44.
A tutor found liable for annualrent of his pupil's money uplifted, whether heritable or moveable, not only until the expiry of his office, but until payment; although he had raised an action to have his accounts settled.
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In an action of tutor compts between Nasmith and Nasmith, the Lords found, That the tutor should pay annualrents to the minors, of all sums pertaining to them uplifted by him, as well sums which were heritable as moveable, not only to the time of the expiring of his tutory, but also of all years continually, to the time that he should make real payment to them of their said principal sums, or else should consign them; notwithstanding that the tutor alleged, That he could not in law be subject to pay annnalrent for the same, since the time that he intented his action contraria tutelæ, for taking off his compts off his hands, and exonering of him, at which time he was content to make payment of what he should be found owing, and since that time he could not be found in mora; but thereby the course of running of annualrents was sisted, and he cannot be subject therein, seeing he durst not put their money out for profit, but behoved ever to have it ready, as it ever sincesyne was, to he delivered at the ending of his compts for his exoneration; which exception was repelled, and the tutor found debtor in annualrent, ever until payment were made, or consignation.
Act. Hope & Stuart.Alt. Nicolson & Burnet.Clerk, Scot.
Fol. Dic. v. 1. p. 39. Durie, p. 363.
