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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Madertie v His Vassals. [1614] Mor 11609 (00 January 1614)
URL: http://www.bailii.org/scot/cases/ScotCS/1614/Mor2711609-274.html
Cite as: [1614] Mor 11609

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[1614] Mor 11609      

Subject_1 PRESUMPTION.
Subject_2 DIVISION. X

Mandate when presumed.
Subject_3 SECT. IV.

Rent being paid to a Factor, whether the Landlord's consent is presumed, so as to infer his passing from Irritancies, &c.

Lord Madertie
v.
His Vassals


Case No. No 274.

Click here to view a pdf copy of this documet : PDF Copy

In a reduction pursued by my Lord Madertie against one of his feuars for reduction of his feu for not payment of the feu-duties, the Lords found, That the exception quod minor non tenetur placitare, &c. was not competent in a reduction of this nature, et quod mora non erat purgabilis by offer after the terms past, and the failzie incurred; they found also, that a chamberlain may not receive these duties after the failzie incurred without express warrant.

Fol. Dic. v. 2. p. 159. Haddington, MS. No 2578.

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/1614/Mor2711609-274.html