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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Carruthers of Holmains v Johnston of Persbiehall. [1737] 2 Elchies 287 (17 June 1737)
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[1737] 2 Elchies 287
Subject_1 IRRITANCY.
Date: Carruthers of Holmains
v.
Johnston of Persbiehall
17 June 1737
Case No.No. 2.
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Irritancy of a feu ob non solutum canonem, where the irritancy was, “if twelve terms feu-duty should run together unpaid:” The defender produced several instruments at different terms, bearing offer of the feu-duty, but so defective that they could not be regarded: But the superior, after all these instruments, having written to the vassal dispensing with his making a tender of the feu-duty at that term, and offering to enter him on certain terms;—that was thought to be an acknowledging him as vassal, and dispensing with the defects of the former tenders;—and therefore the Lords found the irritancy not incurred. (See Dict. No. 67. p. 7235.)
The electronic version of the text was provided by the Scottish Council of Law Reporting