Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Nicoll Hardie
v.
Thomas Wilson

Date: 9 July 1673

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In a removing from a brewery, within Edinburgh, pursued at the said Nicoll's instance, against Thomas Wilson, who had obliged himself, by a minute, to remove himself at Whitsunday, notwithstanding of a comprising and infeftment;—It was alleged, That the minute, wherein he was obliged, was conditional,—the pursuer paying a part of the sums of money contained in the comprising, which was not yet satisfied; and albeit he were now ready to satisfy the same, yet it being within the term, he could not be decerned to remove until Martinmas next.

It was replied, That he being warned fourteen days before the term upon payment of that sum, which was the condition in the bond, he ought presently to remove.

The Lords found, that the condition, not being offered to be performed before the term, the defender was not obliged to remove until a new warning; but, in respect of his consent, they decerned him to remove at Martinmas next, he being paid.

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