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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Barskeoch v Garthland. [1611] Mor 7202 (19 February 1611)
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Cite as: [1611] Mor 7202

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[1611] Mor 7202      
Subject_1 IRRITANCY.
Subject_2 SECT. V.

Pactum legis commissoriæ in pignoribus.

Barskeoch
 v.
Garthland

Date: 19 February 1611
Case No. No 37.

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Barskeoch's father having contracted with Garthland for the wadset of land under reversion, and upon provision, that if he should make requisition for his principal sum, the reversion should expire, if the requisition could not be obeyed by payment of the principal sum and byruns; Barskeoch's heir sought declarator of expiring of the reversion for a failzie committed by Garthland for not obeying a requisition. Garthland offered purgare moram by present payment of the principal and byruns. The Lords found quod mora illa non erat purgabilis, but that the reversion was expired.

 Fol. Dic. v. 1. p. 486. Haddington, MS. No 2165.

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/1611/Mor1707202-037.html