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Cite as: [1688] Mor 9989

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[1688] Mor 9989      
Subject_1 PAYMENT.

Lord Chancellor
 v.
Brown

 Date: 15 February 1688
Case No. No 12.

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An improper wadsetter having given the reverser a back-tack, for payment of a tack-duty equivalent to the annualrent, and upon failure of payment, having apprised the lands for the tack-duties resting owing; and upon that title having uplifted sufficient to extinguish, not only the apprising, but also the wadset sum; this irregular intromission was found not equivalent to real payment, so as to extinguish the wadset, and consequently to hinder the ward to fall by the wadsetter's death.

 Fol. Dic. v. 2. p. 51. Harcarse.

*** This case is No 8. p. 3012, voce Confirmation.

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/1688/Mor2409989-012.html