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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> George Storrie v Robert Pollock, [1738] 1 Elchies 211 (10 November 1738) URL: http://www.bailii.org/scot/cases/ScotCS/1738/Elchies010211-003.html Cite as: [1738] 1 Elchies 211 |
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[1738] 1 Elchies 211
Subject_1 IRRITANCY.
George Storrie
v.
Robert Pollock,
1738 ,Nov. 10 .
Case No.No. 3.
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The Lords found that the reverser having used no order of redemption for 40 years after 1695 when the irritancy was incurred, the lands are now irredeemable. This carried by President's casting vote, and Arniston was of the same opinion, who thought that though this was pactum legis commissoriæ in pignore, yet the irritancy was ipso jure effectual without declarator, though ex equitate the Lords might have reponed him, but which they could not now do after 40 years though he had not been in possession but about 30 years. 19th December The Lords adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting
