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A right of some teinds and patronages being disponed for L. 300 Sterling, with an express provision, That, in case of not payment of the money at a precise day condescended on, the disposition and assignation should be null and void; and the assignee having transferred his right to the Duke of Gordon, who infeft himself thereon, the disponer commenced reduction and improbation of the assignation, and all that followed thereon, upon the irritancy above-mentioned.
Alleged for the defender, That the pursuer's title being a personal clause in the disposition, it was not sufficient to reduce infeftments and real rights.
Answered; The irritant clause being in gremio of the defender's author's right, he could not be ignorant of it; and it is sufficient to reduce the disposition and infeftment to himself in consequentiam.
The Lords sustained the pursuer's title and reduced.
Harcarse, (Improbation and Reduction.) No 576. p. 160.
