Scottish Court of Session Decisions

Subject_1 TACK.
Subject_2 SECT. I.

Subject-Matter and Nature of Tacks.

Restalrig
v.
Craw

Date: 31 July 1605
Case No. No. 3.

A tack, after loosing of redeemed land, was found not to be null, although it contained no duty, it having been provided by the reversion to be let mail free.

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Robert Logan, sometime of Restalrig, pursued one Craw to remove. It was excepted, that the defender had tack for terms to run set by the pursuer. It was replied, That the tack was null, wanting a yearly duty. It was answered, That the tack needed no duty, because the pursuer had set the same expressly mail free, and that it was a tack after redemption provided by the reversion of the lands; and therefore the very grant of the lands redeemed was loco pretii, and of the law, locatio subsisted, sive contineat pretium, sive aliquid loco pretii. In respect whereof, the Lords admitted the exception and duply instantly verified by production of the tack.

Fol. Dic. v. 2. P. 418. Haddington MS. No. 962.