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Scottish Court of Session Decisions >>
Pourie Fothringham v The Marquis of Douglas. [1678] Mor 3408 (19 July 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor0803408-005.html Cite as:
[1678] Mor 3408
An adjudication was found null, being founded upon a gift of non-entry without declarator; for non-entry must be declared, in order to make it become a liquid debt.
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In Pourie Fothringham and the Marquis of Douglas's case, an adjudication was found invalid, because the ground of it was a gift of non-entry, which ought first to have been declared, before it was a liquid debt, and it was still undeclared. The Lords found the adjudication null, but restricted it to the sums contained in the bonds whereupon it was led; 2do, In Pourie's cause against Hunter of Burnside, ‘they found where a clause irritant, (resolving the feu on cessation per triennium to pay the feu-duty,) is in a charter, and a reduction is raised by the superior for annulling the feu, for [the vassal's] not paying the feu-duty by the space of three years, that the said failzie cannot be purged at the bar; but if the feu or other charter want that resolutive irritant clause, and the declarator only concludes amission of the feu, upon the 246th act of Parl. 1597, as inherent de jure, et ex natura rei, the Lords declared they will find that mora purgeable at the bar, any time ante sententiam in delaratoria obtentam.’
Fol. Dic. v. 1. p. 228. Fountainhall, MS. & v. 1. p. 10.
