Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
John Forrester v. Blownlie
Date: 22 July 1670
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This was a declarator of an order of redemption used, of two sundry wadsets of one tenement. Alleged, the order cannot be declared; because, 1mo, The instrument bears no numeration to have been made of the money as it should have done, but only that he was there with a bag ready to pay the money, in which bag there might have been only slate stones, and so it is null. 2do, That order can never be sustained, because the terms and tenor of the reversion were not kept, in so far as it was provided by the letter of reversion that the order should be used at Whitsunday 1668, and yet the same was not used till the Whitsunday thereafter; whereas reversions are strictissimi juris et præcisa earum forma est servanda.
Answered to this; that esto he did not keep the precise tenor of the reversion, yet that can never take away from him his lands, or right of reversion called in law jus de retrovendendo; seeing its strictness is not so great unless there had been a clause irritant declaring that, if the order were not used at such a term, the reversion should expire, which was not here.
They were to have the Lords' answer on this, whether or no a party that had neglected to use the order of redemption conform to the words of the reversion, may yet use the same, yea or no.*
Then 3tio, alleged, the order is null; because, it being declared by the reversion that it should not be lawful to the granter of the wadset to redeem, till such time as he paid also all the expenses waired by the wadsetter haver on reparation of houses, &c. which expenses being given up in count at the pretended order, he refused to allow the same, and so the order is null. 4to, Though the money was consigned at the time of the order, yet the same being uplifted shortly after, the defender must be freed of the annualrent of the same since the consignation, and the pursuer must be liable therein.
