Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

The Laird of Wedderburn
v.
Wardlaw

Date: 13 February 1666

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Wedderburn pursues a reduction of a feu granted to Wardlaw, ob non solutum canonem, by virtue of a clause irritant in the infeftment. The defender offered to purge, by payment at the bar, and alleged several decisions that it hath been so allowed. It was answered, That was only the case of a reduction upon the Act of Parliament declaring feus null for not-payment of the feu-duty; but, where there is an express clause irritant in an infeftment, that cannot be purgeable at the bar; else such clauses should be useless, seeing, without these, de jure the feu-duties behoved to be paid at the bar, or otherwise the feu annulled. The Lords found, That there was a difference betwixt a clause irritant, and upon the Act of Parliament; and so would not admit of purging at the bar simply, unless the defender condescended upon a reasonable cause ad purgandam moram; and, therefore, ordained them to condescend.

Vol. I, Page 354.