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Scottish Court of Session Decisions >>
Sir Andrew Dick v - [1683] Mor 7184 (29 November 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor1707184-014.html Cite as:
[1683] Mor 7184
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“The Lords found, a back-tack in a wadset-right became null, and (irritancy) incurred through not payment of the back-tack duty by the space of two years together, like a feu by the 250th act of Parliament 1597; though it contained not the usual clause irritant, that in case two terms run in the third unpaid, then it should expire; and found that irritant clause equally inherent de jure as if it were expressed; but found it purgeable at the bar, or before extracting, by paying the bygone back-tack duties.” The Lords sometimes now allow them to be instantly purgeable, even where the writ contains an express clause irritant in gremio. They had decided the same with this before in the case of tacks, where two years duty runs in the third unpaid.
Fol. Dic. v. 1. p. 483. Fountainhall, v. 1. p. 246.
