Subject_1 IMPLIED DISCHARGE and RENUNCIATION. Subject_2 SECT. VII.
Inhibition of Teinds, how past from. - Requisition or Premonition. - Decree Arbitral. - Recognition. - Legal Exception. - Provision of Conquest.
Henrison v. Earl Linlithgow
Date: 12 July 1625 Case No. No 36.
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The Earl of Linlithgow having borrowed from one Henrison the sum of 2000 merks, he gave to the party infeftment and possession of some lands, for the security of the money, which he was obliged to pay upon requisition; and being required to pay it against Whitsunday, and after the term being charged therefor, the Lords suspended that charge, because they found, that the charger had possessed the land, which was given to him in wadset for the money, by eating of the grass, and pasturage of his goods thereupon, after the term of Whitsunday, against the which the requisition of payment was made; whereas, if he had expected that payment was to have been made to him at that term, conform to his requisition, he should have left the possession of the roum; and albeit that the party offered to make satisfaction for the grass eaten by his goods, since the term of Whitsunday, yet that was not respected, but repelled by the Lords; for they found, that by the said pasturing, and retaining of that manner of possession, he had tacite past from his requisition.
Act. Nicolson.Alt. ——.Clerk, Gibson.
Fol. Dic. v. 1. p. 433. Durie, p. 176.
