Whether Negligence in preserving the Subject infers Irritancy. - Whether Irritancy takes place where the Condition becomes imprestable. - Irritancy not a Voidance of the Right, making it voidable only.
Duke of Roxburgh v. Ker
Date: 23 January 1729 Case No. No 36.
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In an action for voidance of a tack upon this ground, that the woods which the tacksman had expressly bound himself to take care of, were neglected or destroyed; answered, This is not a statutory irritancy, nor made an irritancy by the tack, and therefore can only infer an action for damages; which the Lords found relevant. See Appendix.
