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Scottish Court of Session Decisions >>
Fothringham of Pourie v The Marquis of Douglas. [1678] 3 Brn 253 (19 July 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Brn030253-0311.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Fothringham of Pourie v. The Marquis of Douglas
Date: 19 July 1678
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In Pourie Fothringham and the Marquis of Douglas's case, the Lords found the adjudication null, but restricted it to the sums contained in the bonds whereupon it was led. 2do, In Pourie's cause against Hunter of Burnside, “they found, where a clause irritant (resolving the feu on cessation, per triennium, to pay the feu-duty,) is in a charter, and a reduction is raised by the superior for annulling the feu, for [the vassal's] not paying the feu-duty by the space of three years, that the said failyie cannot be purged at the bar; but if the feu or other charter want that resolutive irritant clause, and the declarator only concludes amission of the feu, upon the 246th Act of Parliament 1597, as inherent de jure et ex natura rei, the Lords declared they will find that mora purgeable at the bar, any time ante sententiam in declaratoria obtentam.”
