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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> George Storrie v Robert Pollock. [1738] 2 Elchies 287 (10 November 1738)
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[1738] 2 Elchies 287
Subject_1 IRRITANCY.
Date: George Storrie
v.
Robert Pollock
10 November 1738
Case No.No. 3.
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Irritancy in a wadset improper, that the lands should become irredeemable if the money was not paid in 1695: The Lords found, that though this was pactum legis commissoriæ in pignore, and the debtor might have got relief within 40 years;—yet no order for redemption being used for 40 years after the 1695, when the irritancy was incurred; the lands are now irredeemable;
—and this they found though there never had been any declarator of irritancy, and though the wadset was improper, and the creditor had not been in possession for 40 years, nor earlier than 1705. Vide inter eosdem 19th December 1738.—Vide Craig against Strong, voce Minor non tenetur placitare. (See Dict. No. 51. p. 7216.)
The electronic version of the text was provided by the Scottish Council of Law Reporting