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Scottish Court of Session Decisions >>
Laird of Gosford v Sinclair. [1587] Mor 7181 (00 March 1587)
URL: http://www.bailii.org/scot/cases/ScotCS/1587/Mor1707181-006.html Cite as:
[1587] Mor 7181
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The Laird of Gosford pursued Sinclair, dwelling at the mill of Gosford, to hear and see a tack reduced of the mill and mill lands. The reason of the summons was founded upon a clause irritant, which was, that if there were terms to run to the third unpaid, the tack should expire. —It was answered, That there were three persons nominated into the tack, the mother and the two sons, and there was one of the terms during the time of the mother's liferent, and the not payment of the said time could not prejudge the others contained in the tack, quia de jure unicuique mora sua sibi nocet et non alteri, D. De regulis juris; and so the fault of the mother could not prejudge the next that was substituted in the said tack.—To which was answered. Quod contractus ex questione legem arripuit; and therefore it being so expressly contained in the said tack, and being impersonaliter spoken, that if it should happen two terms to run unpaid into the third, the said contravention ought to have place specifice, as it was in the letter of tack.——The Lords repelled the exception.
