Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 20 July 1687
George Gordon and Sir James Dick v. Rigg of Carberry
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George Gordon and Sir James Dick of Priestfield, his tutor, against Rigg, lately of Carberry. The Lords, on Carse's report, find the resolutive clause and irritancy was not adjected to the clause de non alienando, but to that for not payment of the feu-duty. But, notwithstanding that the term assigned is already elapsed, for proving that a great sum was given for the composition eo nomine, that the right was burdened with an irritant clause de non alienando, ad redimendam vexationem, allow the defender to adduce his witnesses, and to prove the same betwixt and Tuesday next; and, in the mean time, supersede extracting. And declare they will allow what shall be proven in manner foresaid.
