Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

George Wilson
v.
The Laird of Dundas

Date: 22 November 1687

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In a reduction, at the instance of Mr George Wilson, of two small feus he had right to the superiority of from the Laird of Dundas, upon this ground, that the vassal's right contained a clause of extinction, in case three years' feu-duties should be suffered to run in the fourth; and the said irritancy was incurred;—Alleged for the defender, That any such failyie, before the disposition, could only operate in favours of the disponer; and, as to any failyie in the payment of feu-duties since that time, the defender was in ignorance, and not guilty of contempt towards the pursuer, who is a new superior. Answered for the pursuer, That his disposition carried omnejus, and the casualty, by a preceding incurred irritancy, was not reserved; 2. The pursuer's right was published by his infeftment under the seal; and minority doth not interrupt the course of either legal or conventional irritancy, nor of actual rebellion. The Lords thought the process severe, and found the mora purgeable by the payment of bygones at the bar.

Page 159, No. 572.