Scottish Court of Session Decisions

Subject_1 TACK.
Subject_2 SECT. VI.

Tacks contrived as Security for Debts.

Partoun
v.
His Tenants

Date: 1 December 1621
Case No. No. 106.

Found in conformity with the above.

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A three year's tack, bearing this clause, “That forasmuch as I have borrowed from my said tenant the sum of 1000 merks, which I oblige me to repay within the space of the said three years; and if I failzie now as then, and then as now, I am content and consents that he bruik the same lands, ay and while the said sum be repaid;” was found by the Lords to be no tack or real right after the three years, to prejudge the singular successor; and this was so found, albeit the right was made by John Partoun before his rebellion; and the Lords found that the same could not defend against the donatar.

Fol. Dic. v. 2. p. 423. Kerse MS. p. 103.