Scottish Court of Session Decisions

Subject_1 IRRITANCY.
Subject_2 SECT. VIII.

Conventional Irritancy in Bargains, Contracts, and Entails, if purgeable. - Irritancy relative to legatum liberationis, when purgeable.

Grierson of Lagg
v.
His Eldest Son and the Officers of State

Case No. No 92.

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One having contracted some personal debt, tailzied his estate with this irritant clause, “that in case the tailzier should happen to be charged with horning, or other diligence, done against him, that the heirs of tailzie must relieve him thereof within six months after intimation thereof, otherwise to amit and lose their right.” The irritancy being incurred, the public, by a forfeiture, coming in place of the heir of tailzie, it was argued, that the design of this clause was nothing else but to relieve the tailzier of his personal debt; and here the public was ready to purge the irritancy, and answer to the tailzier for all damage sustained. The Lords found the irritancy not purgeable. See Appendix.

Fol. Dic. v. 1. p. 490.