John Boyd v. James Steel [1775] UKHL 2_Paton_368 (10 March 1775)

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Page: 368

(1775) 2 Paton 368

CASES DECIDED IN THE HOUSE OF LORDS, ON APPEAL FROM THE COURTS OF SCOTLAND.

(M. 7221.)

No. 91.


John Boyd,     Appellant

v.

James Steel,     Respondent

House of Lords, 10th March 1775.

Subject_Absolute DispositionBack BondRedemptionIrritancy.

An absolute disposition was granted to lands bearing to be sold for a fair and adequate price then advanced, with a back bond of same date, allowing redemption of the lands within five years of the date thereof. This period expired without repayment. Held, in the Court of Session, that after expiry of the term, though no declarator of irritancy had followed, the lands were to be held irredeemable for

Page: 369

the price then paid—that price being a fair value at the time. For full report of case vide Morison, p. 7221.

On appeal to the House of Lords, it was

Ordered and adjudged that the interlocutors be affirmed, with £50 costs.

Counsel: For Appellant, Dav. Dalrymple, John Dalrymple.
For Respondent, Ja. Montgomery, Gil. Elliot.

1775
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