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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr George Seton v His Brother James. [1611] Mor 7184 (9 March 1611) URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor1707184-015.html Cite as: [1611] Mor 7184 |
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[1611] Mor 7184
Subject_1 IRRITANCY.
Subject_2 SECT. II. Conventional Irritancy ob non solutum canonem.
Date: Mr George Seton
v.
His Brother James
9 March 1611
Case No.No 15.
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In the action pursued by Mr George Seton against his brother James for reduction of his tacks propter non solutum canonem, the Lords found quod morasemel
commissa non er at purgabilis per oblutionem pensionis in pacto conventionali; next they found, that when the clause irritant bore that the tack should fall for not payment if two terms ran in one, that the expiring of two terms without payment, made the tack to fall; when the tack bore that two terms running in the third the tack should fall, that it required that three terms should expire unpaid before the tack fell.
The electronic version of the text was provided by the Scottish Council of Law Reporting