Condition of forfeiture or nullity.
Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
Legal Subject: Irritancy |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| John Ballenden v. The Duke of Argyle | 1791 | Feu duties, Interlocutor, Infeftment, Charter, Reduction, Irritancy | John Ballenden petitioned the Court to alter a recent interlocutor and subsequently petitioned against an Inner-house interlocutor, seeking reversal of the orders. The Duke of Argyll answered, resisting Ballenden's arguments that the interlocutor should be altered. |
| Reid v. Cunninghame | 1784 | Irritancy and Removing, Rent, Arrestment, Tack, Irritancy, Aliment | The suspender, James Reid, rented the lands of Lethem from Thomas Sharp of Houston. Reid’s “tack,” a type of lease, contained a clause that would nullify the agreement if he fell behind on his rent. Reid did fall behind, and Lethem’s new owner, Sir William Cunynghame, initiated a process to have him removed from the land. When Reid failed to appear in court, a decree of removing was entered in his absence. However, Reid sought a suspension of the decree, arguing that several factors militated against his being removed. First, Reid alleged that he did not receive a proper citation; instead, a short copy of the citation had been left in an out-building on his farm. Second, Reid claimed that his son, John, attempted to deliver the rent to Sir William’s agents while the process was pending, but the agents did not accept it until more than a week had passed. Finally, Reid claimed that the parties typically used a different payment schedule than the one specified in the tack. Thus, according to Reid, he was justified in believing that he owed less rent than Sir William alleged. Arguing that the equities weighed in his favor, Reid sought the opportunity to pay his rent—thereby “purging the irritancy”—and remain in possession of the land. |
| Robert Wark v. William Wotherspoon | 1830 | Expenses, Assignation, Tack, Rent, Interlocutor, Irritancy | William Wotherspoon sought suspension of a decree obtained by Robert Wark ordering him to pay £9, 13s. 5½d. and extract dues. Wotherspoon defended the suspension on the ground that an assignation of lease from Mr Young was necessary for debt recovery, while denying Wark’s allegations of arrears and encroachment. He subsequently lodged a reclaiming note asking the Court to recall the interlocutor and suspend the letters simpliciter, and obtained an additional appendix allowing him to print the defences, replies, condescendence, and answers from the inferior court process. |
Documents discussing this subject (44)
- Alexander Lord Elibank and Commissioners v. Patrick Murray Esq. of Simprim — Revised, 24 Mar 1833
- Anne Lauchlan v. John Lauchlan — Memorial, 27 Nov 1767
- Colonel Patrick Duff v. William Rose — Duplies, 8 Mar 1796
- COMPETITION of BRIEVES. PET.—David M'Culloch, Esq. AGAINST An INNER-HOUSE Interlocutor. Thos. Corrie & Da. Welsh, W.S. Petitioner's Agents. H. J. Wylie, Agent for Respondents. Sir
- COPY of the Minutes of Election referred to in the foregoing Complaint.
- Donald Lindsay v. Marquis of Huntly and Others — Minute, 16 Jul 1840
- Donald Lindsay v. Marquis of Huntly and Others — Revised Case, 19 Jan 1841
- Earl of Rothes v. Shepherd — Petition, 4 Dec 1766
- F-XXXIII-1741-42 doc0010
- George Ross v. Messrs Drummond — Information, 19 May 1824
- Heron v. MacLellan — Petition, 24 Jul 1776
- Honourable Mrs. Westenra and her Husband v. R. M. H. M'Neill of Raploch — Condescendence, 13 Jun 1825
- James Joseph Hope Vere v. Heirs of Entail of Craigiehall — Defences, 27 May 1829
- James Monteath v. Sir Andrew Cathcart and Richard Alexander Oswald — Replies, 26 Jan 1813
- James Reid v. Sir William Augustus Cunynghame — Answers, 26 Feb 1784
- John Ballenden v. Duke of Argyll — Answers, 7 Jun 1792 [2]
- John Ballenden v. His Grace John Duke of Argyll — Answers, 7 Jun 1792
- John Duncan in Braehead, and the Trustee on his Sequestrated Estate v. William Forbes of Cullander, Esq. — Answers, 29 May 1812
- John Earl of Rothes v. Alexander Shepherd — Answers, 18 Dec 1766
- John Wright v. Peter Brember — Answers, 29 Jun 1810
- Macdougal v. Duncan — Petition, 22 Nov 1791
- Mackay and Fullerton v. Dalrymples et al — Petition, 9 Jul 1798
- Mrs Fullarton v. Sir Hew Hamilton Dalrymple — Duplies, 8 Mar 1796
- Mrs Mary Scott alias Aitchison and Robert Aitchison v. David Kyle — Answers, 28 Jun 1800
- No. II APPENDIX. PRACTICE UNDER ENTAILS. Extract from Appeal Case for Duke of Buccleuch and Queensberry.
- Peter Brown v. John Munro — Note, 17 Feb 1827
- Petition and Complaint — & Comp.—W
- Petition and Complaint — Petition & Complaint, Col. Robert Pringle against the Freeholders of Roxburghshire
- Petition — June 2. 1810. Pet. John Wright against Lord Bannatyne's Interlocutor
- Petition — Miss Caroline Hunter against Lord Armadale's Interlocutor [2]
- Pollock, Gilmour & Company v. John Wilson — Answers, 7 Dec 1821
- Reid v. Cunninghame — Petition, 10 Feb 1784
- Robert Anstruther v. Philip Anstruther — Revised Case, 12 Nov 1840
- Roderick Urquhart v. Maria Hay Mackenzie — Information, 20 Oct 1823
- Sir George Lockhart v. Captain John Lockhart and the Honourable George Ramsay — Respondents' Case, 26 Jan 1761
- Sir Hew Hamilton Dalrymple v. The Honourable Mrs Marianne Mackay and Colonel William Fullarton — Information, 7 Jan 1797
- The Company of Proprietors of the Glasgow, Paisley, and Ardrossan Canal v. The Glasgow, Paisley, and Greenock Railway Company — Reclaiming Note, 4 Jun 1849
- The Earl of Aboyne v. Donald Lindsay (Marquis of Huntly's Trustee) — Revised Case, 27 Jan 1841
- Thomas Smith Cuninghame v. Sir Robert Keith Dick Cunyngham — 29 May 1847
- William Horn v. James M'Lean — Complainers' Case, 8 Jun 1829
- William Livingston v. John Cameron — Memorial, 4 Mar 1768
- William Wotherspoon v. Robert Wark — Record, 5 Mar 1831
- William Wotherspoon v. Robert Wark — Suspension, 14 Jun 1830
- Younger Children of Duncan Forbes Mitchell v. Creditors of Duncan Forbes Mitchell — Information, 1 Feb 1805
