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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Straerly v Lundie. [1628] Mor 15302 (16 December 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor3515302-180.html
Cite as: [1628] Mor 15302

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[1628] Mor 15302      

Subject_1 TACK.
Subject_2 SECT. XI.

In what Cases must the Tenant find Caution for the Rent?

Straerly
v.
Lundie

Date: 16 December 1628
Case No. No. 180.

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In a pursuit, Straerly against Lundie, to find caution, or else to remove, it was not sustained, being sought against a defender who was not libelled as tacksman of the lands for the duties whereof the caution was craved, but only that she possessed as relict of him who was once tacksman, albeit the tack was expired; which was not sustained to import this conclusion.

Act. Aiton. Alt. Cheap. Clerk,Gibson. Fol. Dic. v. 2. p. 425. Durie, p.410.

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/1628/Mor3515302-180.html