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John Fergusson Tidewaiter at Leith v Archibald Stewart Merchant in Edinburgh. [1763] Mor 541 (16 June 1763)
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[1763] Mor 541
Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due by Executors.
John Fergusson Tidewaiter at Leith v. Archibald Stewart Merchant in Edinburgh
Date: 16 June 1763 Case No. No 77.
An executor was found liable in interest for such sums only as bore interest at the defuncts death.
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Archibald Stewart being found liable to account to Elizabeth Brodie, as in right of his brother William, for a fourth part of the moveable subjects which belonged to Margaret Chatteris, his mother, (See Brodie against Stewart, 21st December 1757. Fac. Col. No. 74. p. 124. voce Executor); and the said Elizabeth Brodie having conveyed her interest therein to John Fergusson, her second husband, he insisted that Stewart should pay annualrent from March 1750, which was two years after his mother's death, for the balance of the executry in his hands. The Lords found the defender liable only for the interest of such sums as bore interest at the death of Margaret Charteris.
Act. Lockhart.Alt. D. Dalrymple.Clerk. Hume.
Fol. Dic. v. 3. p. 30. Fac. Col. No 108. p. 254.
