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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir Adam Blair v James Gilmour. [1678] Mor 552 (30 July 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor0200552-094.html
Cite as: [1678] Mor 552

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[1678] Mor 552      

Subject_1 ANNUALRENT.
Subject_2 Whether due, in condictione indebiti.

Sir Adam Blair
v.
James Gilmour

Date: 30 July 1678
Case No. No 94.

Found in conformity with the above.


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Its a repetition of a sum paid by him as one of the King's receivers, when it was paid before.——The Lords would not sustain the condictio for annualrents, because they are only due ex pacto et lege, and the King's use of payment was only of his bounty; yet modified a sum in name of damage and interest.

Fol. Dic. v. 1. p. 43. Fountainhall, MS.

*** In the case, Lockhart against Ellies, No 41. p. 504. found, That money bona fide uplifted, is to be restored without interest, though the money belong to a minor.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor0200552-094.html