Scottish Court of Session Decisions
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Earl of Mar v His Vassals. [1680] 2 Brn 256 (18 February 1680) URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn020256-0531.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: The Earl of Mar
v.
His Vassals
18 February 1680 Click here to view a pdf copy of this documet : PDF Copy
The Earl of Marr having pursued reduction of a feu, upon a clause therein,—“That upon two terms running in the third it should be null;” and for instructing thereof, produced the vassal's retour:
The Lords suffered the vassal to purge by payment at the bar; seeing the retour bears a feu-duty, si petatur, in the first part of the retour bearing the defunct's right; though these words were not repeated in the posterior clause of the retour or precept, declaring the feu-duty, and expressing the clause irritant
Vol. II, Page 759.
The electronic version of the text was provided by the Scottish Council of Law Reporting