Scottish Court of Session Decisions
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Sauchie v His Tenant. [1628] 1 Brn 261 (4 July 1628) URL: http://www.bailii.org/scot/cases/ScotCS/1628/Brn010261-0644.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: The Laird of Sauchie
v.
His Tenant
4 July 1628 Click here to view a pdf copy of this documet : PDF Copy
The Laird of Sauchie pursues one of his tenants for removing: The defender excepts upon a tack. To the which it was replied, That the tack was null, by reason of an irritant clause therein contained, in case the duty was unpaid. And so it is that a year's duty was resting unpaid. It was duplied by the defender, That this failyie was not declared. The Lords found, It behoved to bide a declarator, notwithstanding of the clause contained in the tack, that it should be null but any declarator.
Page 50.
The electronic version of the text was provided by the Scottish Council of Law Reporting