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Chalmers of Balbithan v Doctor Chalmers, &c. [1686] 3 Brn 589 (5 March 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Brn030589-0897.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 5 March 1686
Chalmers of Balbithan v. Doctor Chalmers, &c
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The case of Chalmers of Balbithan against Doctor Chalmers and his Mother, being reported by Forret; the Lords sustain the order of redemption, notwithstanding of the irritancy, which is but pactum legis commissoriæ; and find the pursuer not liable in the annualrent of the consigned money, in respect of the offer made to Doctor Chalmers, being personally present, and the consignation of the money upon the Doctor's refusal thereof; though the reversion bore the Dean of Guild and the Treasurer of Aberdeen, and it was only offered to the Dean of Guild; unless he prove the money was lifted. And restrict the interrogatories to what is subsequent to the Doctor's letters, by which he declares the lands shall be redeemable from him.
