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Scottish Court of Session Decisions >>
George Loggie v Peter Loggie. [1662] Mor 489 (11 December 1662)
URL: http://www.bailii.org/scot/cases/ScotCS/1662/Mor0200489-020.html Cite as:
[1662] Mor 489
Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due ex pacto.
George Loggie v. Peter Loggie
Date: 11 December 1662 Case No. No 20.
No back tack-duty or annualrent having been mentioned in a wadset. In the particular circumstances of the case, declarator of redemption allowed, without payment of annualrent.
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George Loggie having borrowed 800 merks from Peter Loggie, his brother, gave a wadset therefor. The said George being an old man, without hope of children, the reversion was only granted to George, and the heirs of his own body, and his liferent of the wadset lands was reserved, without mentioning of any back-tack duty, or annualrent. George having used an order and consigned the 800 merks, obtained declarator.—Peter suspends, and alleges no redemption ought to have been, till the annualrent were consigned with the principal.—The charger answered, That the contract of wadset bore no annualrent.—The suspender replied, That albeit it did not, yet he having lent his money in these terms, in hopes of succession, and his brother having now married a young wife, he ought not to take advantage of him, seeing the annualrent is due, in equity, for the profit of the money.
The Lords, in respect of the tenor of the contract of wadset, found the letters orderly proceeded, without any annualrent, and that in this case it could not be due, without it had been so pactioned and agreed.
