Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 5 January 1686
Dick of Grange v. Murray of Skirling
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The case of Dick of Grange and Murray of Skirling was heard in presence. There being a wadset of some lands affected with a back-tack, under an irritancy that it should expire if two terms run in the third unpaid; Grange's mother, to prevent this, paid the back-tack duty, and before her death assigned this to her son. Afterwards the three terms' failyie being like to be incurred; Grange offering to pay it, Skirling alleged he had no interest. Answered,—Imo, Any may purge an irritancy. 2do, He had an interest; for, if he did it not, he would lose the money formerly paid out by his mother.
The Lords found he had interest. Then Skirling offered to redeem from Grange. The Lords found it was more reasonable and just that Grange should be preferred, and therefore allowed him to purge the failyie; and repelled Skirling's offer of paying him.
