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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Carruthers v Johnston. [1737] 1 Elchies 211 (17 June 1737)
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[1737] 1 Elchies 211
Subject_1 IRRITANCY.
Carruthers
v.
Johnston
1737 ,June 17 .
Case No.No. 2.
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We sustained the defence and found the irritancy of the feu not incurred. We thought indeed that the first instrument of offer of the feu-duty in 1696 was good for nothing, but that the superior's always offering to take the feu-duty on condition of the vassal's taking a new charter in the terms mentioned in the prints, and the letter 1722 dispensing with offering the feu-duty at the term, was acknowledging him still vassal and passing from former irritancies in re tam odiosa.
The electronic version of the text was provided by the Scottish Council of Law Reporting