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Scottish Court of Session Decisions >>
Porterfield v Ker. [1610] Mor 16568 (14 July 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor3816568-006.html Cite as:
[1610] Mor 16568
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In an action pursued by William Porterfield of that ilk, as son and heir to Mr. John Porterfield of that ilk, against Daniel Ker of Kirkland, as son and heir to Thomas Crawfurd of Jordanhill, and Janet Ker his spouse, the Lords granted action for the bygone farms of the lands and Mains of Inchmain, which were set in tack by the said Thomas, and the said umquhile Mr. John, in anno 1571, for payment of £80, and that for 19 years, and that notwithstanding the said Mr. John never required entry at any time during the said space of 19 years;, but that the said Thomas had bona fides to uplift the same in respect of a clause irritant contained in the tack, whereby it is provided, that if he failzie in payment of the duty, the tack should be null; which allegeance was repelled, in respect of the tack, which had a special time of entry therein contained; and that the setter had, granted a receipt of the first year's duty in fore-mail, and had uplifted the mails and duties, in doing whereof he did against his own deed, and so was in mala fide. In the same cause the Lords would not grant to the pursuer other 19 years, because the hail 19 years were expired, and therefore they assoilzied from that part of the summons whereby he craved to be entered to the lands.
