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Scottish Court of Session Decisions >>
George Hutchison v Dickson of Lonehead. [1665] Mor 491 (26 January 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor0200491-025.html Cite as:
[1665] Mor 491
Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due ex mora.
George Hutchison v. Dickson of Lonehead
Date: 26 January 1665 Case No. No 25.
A horning denounced at the market cross of Edinburgh, where the debtor dwelt not, although sufficient for caption, yet not for annualrent. Escheat falls not, but upon registration.
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George Hutchison pursues Dickson, for a sum of money, and for the annualrent since the denunciation of the horning; whereupon the defender answered, That the horning was only at the market cross of Edinburgh, where the defender dwelled not, and so was null, and could not give annualrent.—It was answered, That albeit such hornings be not sufficient for an escheat, yet they are sufficient for caption, and so are not null; and therefore annualrents having so much ground, in equity, and by the civil law, being due ex mora, such denunciations should be sufficient for annualrent.
The Lords found such hornings null, and would not allow annualrent.
