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(1775) 2 Paton 368
CASES DECIDED IN THE HOUSE OF LORDS, ON APPEAL FROM THE COURTS OF SCOTLAND.
(M. 7221.)
No. 91.
House of Lords,
Subject_Absolute Disposition — Back Bond — Redemption — Irritancy.
An absolute disposition was granted to lands bearing to be sold for a fair and adequate price then advanced, with a back bond of same date, allowing redemption of the lands within five years of the date thereof. This period expired without repayment. Held, in the Court of Session, that after expiry of the term, though no declarator of irritancy had followed, the lands were to be held irredeemable for
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On appeal to the House of Lords, it was
Ordered and adjudged that the interlocutors be affirmed, with £50 costs.
Counsel: For Appellant,
Dav. Dalrymple,
John Dalrymple.
For Respondent,
Ja. Montgomery,
Gil. Elliot.