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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: The Laird and Lady Airth
v.
The Earl of Monteith
18 January 1678 Click here to view a pdf copy of this documet : PDF Copy
Umquhile Captain Bruce having apprised the lands of Airth from the Earl of Monteith, the Earl did ratify the apprising; and the Captain gave a reversion for certain years after the legal. The Lady Airth, daughter and heir to the Captain, and Richard Elphingston of Calderhall, her spouse, pursue a declarator of the expiring of the reversion.
The Earl of Monteith having right from Ker and Shaw, and not as representing his goodsire, Alleged, That the Captain's right was satisfied within the time of the legal reversion; at least, before declarator of the expiring thereof; because clauses irritant are ever purgeable by payment or satisfaction before declarator.
It was answered, That the defence is only relevant as to penal clauses irritant, or temporary reversions, where the granter of the reversion had not a full right before; but here the temporary reversion was merely gratuitous; the Captain having a full right, by an expired apprising, ratified by this debtor; so that the reversion was mere favour, and not penal.
The Lords found the defence only relevant, by satisfaction within the years of the temporary reversion.
Vol. II, Page 595.
The electronic version of the text was provided by the Scottish Council of Law Reporting