Scottish Court of Session Decisions

Subject_1 IRRITANCY.
Subject_2 SECT. I.

Legal Irritancy ob non solutum canonem.

Sir John Mason
v.
Janet Mason

Date: 5 April 1557
Case No. No 5.

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Infeftment of land or tenementis, beand gevin to ony man, his wife, thair airis and assignayis, with speciall provisioun contenit in the said infeftment, or zit in ony obligatioun or contract severallie maid to that effect, beirand, that gif the said husband, his wife, or thair airis, failzeit in payment of the said few-maill or annuelrent, contenit in the chartour, at three termis continuallie togidder; in that cais the said infeftment to be null in the self, and of nane avail; gif efter the husbandis deceis, the wife, quha wes conjunct-fear with him, failzie in payment of the few-maill or annuelrent, all and haill the said infeftment sould be reducit, and declarit of nane avail, with all that followit thair-upon, in sa far as the samin concernit the conjunct-fear's liferent allanerlie; because the fault or trespas of the conjunct-fear sould not be prejudiciall to the air.

Fol. Dic. v. 1. p. 486. Balfour, (Feu.) No 8. p. 172.