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Mr Ninian Hill v Maxwel. [1663] Mor 5473 (5 February 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor1305473-043.html Cite as:
[1663] Mor 5473
Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. VII.
Rights having tractum futuri temporis.
Mr Ninian Hill v. Maxwel
Date: 5 February 1663 Case No. No 43.
An annual payment as to terms after the debtor's death, found a burden on the heir, not the executor.
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Mr Ninian Hill pursues Maxwel as heir to his father John Maxwel, for payment of a sum due to be paid to Maxwel's relict yearly after his death, and assigned to the pursuer. The defender alleged absolvitor, because the pursuer's cedent being executor herself to the defunct, was liable for this sum, et intus habuit. It was answered for the pursuer, That this being an annual payment after the defunct's death, it was proper for his heir to pay the same, not for his executor, and if his executor had paid it, he would get relief off the heir.
