Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION. X

Mandate when presumed.
Subject_3 SECT. IV.

Rent being paid to a Factor, whether the Landlord's consent is presumed, so as to infer his passing from Irritancies, &c.

Lord Madertie
v.
His Vassals

Case No. No 274.

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In a reduction pursued by my Lord Madertie against one of his feuars for reduction of his feu for not payment of the feu-duties, the Lords found, That the exception quod minor non tenetur placitare, &c. was not competent in a reduction of this nature, et quod mora non erat purgabilis by offer after the terms past, and the failzie incurred; they found also, that a chamberlain may not receive these duties after the failzie incurred without express warrant.

Fol. Dic. v. 2. p. 159. Haddington, MS. No 2578.