Whether Negligence in preserving the Subject infers Irritancy. - Whether Irritancy takes place where the Condition becomes imprestable. - Irritancy not a Voidance of the Right, making it voidable only.
The King v. Laurence Wardrop
Date: 12 May 1540 Case No. No 32.
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The Kingis landis beand set in few for ony cause or causis, and speciallie for policie to be usit and maintenit within the realme amang his Hienes liegis, gif he to quhome the samin was set, his airis or successouris, destroyis the woddis, growand treis, housis, or biggingis upon the ground, he foirfaltis and tynis his few, with all clame of right quhilk he had in and to the saidis landis; because he fulfillit not the punctis and clauses contenit in the said infeftment, bot did the contrare of the samen, aganis all policie and causis quhairfoir the saidis landis were set in few.
Fol. Dic. v. 1. p. 485. Balfour, (Feus.) No 5. p. 171.
