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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Sutherland v Gordon. [1664] Mor 10303 (1 December 1664)
URL: http://www.bailii.org/scot/cases/ScotCS/1664/Mor2410303-109.html
Cite as: [1664] Mor 10303

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[1664] Mor 10303      

Subject_1 PERSONAL and REAL.
Subject_2 SECT. VIII.

Effect of Irritancies, &c. not ingrossed in the Infeftment.

Earl of Sutherland
v.
Gordon

Date: 1 December 1664
Case No. No 109.

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An irritant clause, ob non solutum canonem, contained in the disposition of feu, but neither in the charter nor sasine following thereupon, is not real, nor effectual against an appriser. It is otherwise, if sasine follow directly upon the disposition, in which case the disposition serves for a charter.

Fol. Dic. v. 2. p. 70.

*** This case is No 61. p. 7229. voce Irritancy.

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/1664/Mor2410303-109.html