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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Adam Galt v Jean Nicoll. [1650] 1 Brn 451 (3 January 1650)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Adam Galt
v.
Jean Nicoll
3 January 1650 Click here to view a pdf copy of this documet : PDF Copy
In the suspension Adam Galt against Jean Nicoll, who had given 500 merks upon the wadset of his lands, with a back-bond for payment of 40 merks yearly,—the reason was repelled as irrelevant, bearing, That the suspender had a back-tack set to him for terms to run, the time of the warning, whereupon the decreet of removing now craved to be suspended was obtained by the charger;—who then replied, That the said back-tack contained an irritant clause, that, viz. if three terms ran in the fourth unpaid, the said back-tack should expire without any declarator; and if it did bide any, the same should be done before the bailies
of Aire; so that, the same having been discussed before the said bailies, it needed no farther declarator. Page 129.
The electronic version of the text was provided by the Scottish Council of Law Reporting