BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Wedderburn v Wardlaw. [1666] 2 Brn 138 (13 February 1666) URL: http://www.bailii.org/scot/cases/ScotCS/1666/Brn020138-0364.html |
||
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: The Laird of Wedderburn
v.
Wardlaw
13 February 1666 Click here to view a pdf copy of this documet : PDF Copy
Wedderburn pursues a reduction of a feu granted to Wardlaw, ob non solutum canonem, by virtue of a clause irritant in the infeftment. The defender offered to purge, by payment at the bar, and alleged several decisions that it hath been so allowed. It was answered, That was only the case of a reduction upon the Act of Parliament declaring feus null for not-payment of the feu-duty; but, where there is an express clause irritant in an infeftment, that cannot be purgeable at the bar; else such clauses should be useless, seeing, without these, de jure the feu-duties behoved to be paid at the bar, or otherwise the feu annulled. The Lords found, That there was a difference betwixt a clause irritant, and upon the Act of Parliament; and so would not admit of purging at the bar simply, unless the defender condescended upon a reasonable cause ad purgandam moram; and, therefore, ordained them to condescend.
Vol. I, Page 354.
The electronic version of the text was provided by the Scottish Council of Law Reporting
