Scottish Court of Session Decisions

Subject_1 JUS TERTII.
Subject_2 SECT. IV.

Objections, &c. competent to some and not to others.

Wedderburn
v.
Nisbet

Date: 24 February 1612
Case No. No 58.

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A purchaser of the superiority of feu-lands, has not access to declare an irritancy ob non solutum canonem, incurred during the time the right was in his author, because such irritancy does not ipso jure annul the feu, giving only a personal privilege to the superior, which he may use or not at his pleasure.

Fol. Dic. v. 1. p. 522. Haddington, MS.

*** This case is No 7. p. 7181. voce Irritancy.