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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Drummond of Riccarton v Hamilton's Creditors. [1686] Mor 7235 (23 March 1686)
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Cite as: [1686] Mor 7235

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[1686] Mor 7235      
Subject_1 IRRITANCY.
Subject_2 SECT. VI.

Irritancy ob non solutum canonem, when purgeable.

Drummond of Riccarton
 v.
Hamilton's Creditors

Date: 23 March 1686
Case No. No 66.

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Drummond of Riccarton seeks to reduce the rights of Bonhard, and the other creditors on the estate of Hamilton of Grange, ob non solutum canonem, for many years.—Answered, They offered to purge.—Replied, This being a conventional irritancy in the body of the writ, it was not purgeable now.—Duplied, They were creditors, and justly ignorant of the clauses contained in their debtor's right.—The Lords found it purgeable; though it was alleged to have been incurred before the debtor's own death.

 Fol. Dic. v. 1. p. 488. Fountainhall, v. 1. p. 409.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1686/Mor1707235-066.html