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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Bishop of Dunkeld v The Laird of Ardross. [1595] Mor 7291 (3 June 1595)
URL: http://www.bailii.org/scot/cases/ScotCS/1595/Mor1707291-101.html
Cite as: [1595] Mor 7291

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[1595] Mor 7291      

Subject_1 IRRITANCY.
Subject_2 SECT. IX.

Offer of Payment, if it stops incurring the Irritancy?

Bishop of Dunkeld
v.
The Laird of Ardross

Date: 3 June 1595
Case No. No 101.

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In a cause betwixt the Bishop of Dunkeld and his wife against the Laird of Ardross, the Lords found a back-tack, during the non-redemption of an annualrent, containing a clause irritant, in case of non-payment of the duty, to be null, in respect of non-payment at the terms set down in the contract; albeit they offered to prove real offer debito tempore, because they alleged not that they had consigned the silver.

Fol. Dic. v. 1. p. 491. Haddington, MS. No. 545.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1595/Mor1707291-101.html