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Scottish Court of Session Decisions >>
Scot v Dickson. [1631] Mor 10419 (19 March 1631)
URL: http://www.bailii.org/scot/cases/ScotCS/1631/Mor2510419-096.html Cite as:
[1631] Mor 10419
Subject_1 PERSONAL and TRANSMISSIBLE. Subject_2 SECT. V.
Personal Faculties and Privileges, whether they may be founded on directly by Creditors.
Scot v. Dickson
Date: 19 March 1631 Case No. No 96.
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The Lords allowed a creditor to purge the failzie incurred upon a pactum legis commissoriæ in pignoribus, by payment of the money at the bar, as his debtor the reverser himself might have done.
Fol. Dic. v. 2. p. 80. Durie.
*** This case is No 40. p. 7203. voce Irritancy.
The like was decieded with regard to other irritancies:—November 1686, Nisbet against Creditors of Dryburgh, No 83. p. 7260. voce Irritancy; and 29th December 1703, Earl of Southesk against Arnot, No 85. p. 7262. Ibidem.
