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Scottish Court of Session Decisions >>
Burnet v Ker. [1727] Mor 7280 (12 January 1727)
URL: http://www.bailii.org/scot/cases/ScotCS/1727/Mor1707280-095.html Cite as:
[1727] Mor 7280
Conventional Irritancy in Bargains, Contracts, and Entails, if purgeable. - Irritancy relative to legatum liberationis, when purgeable.
Burnet v. Ker
Date: 12 January 1727 Case No. No 95.
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In a contract betwixt a liferentrix and her son, she sells and dispones her liferent to him, and he becomes bound to pay her a certain sum, less than the liferent, at two terms in the year, with annualrent for each moiety from the terms of payment; and there is this clause, 'That, in case the son should fail in punctual payment of the said annuity, at most within a month after each term, then the liferentrix should have full and free recourse to her former right, above disponed.' The Lords found this irritancy not purgeable.—See Appendix.
