Scottish Court of Session Decisions

Subject_1 IRRITANCY.
Subject_2 SECT. V.

Pactum legis commissoriæ in pignoribus.

Pringle
v.
Ker

Date: 7 February 1628
Case No. No 39.

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In a declarator of a failzie betwixt Pringle and Ker of Linton, for not payment of the yearly annualrent, to hear the reversion of the lands given in wadset, be decerned to be extinct; the Lords decerned, and would not admit the purgation thereof, by offering real payment, after dispute and calling of the process; but they thought that it was reasonable, that if the defender paid the principal sum, with the whole byrun annuals at the term of Whitsunday 1628, now ensuing, that he should be assoilzied; and so ordained some to deal with the pursuer to consent thereto, and the clerk of the process to stay the extracting of any decreet to that term.

Clerk, Hay. Fol. Dic. v 1. p. 486. Durie, p. 341.