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Scottish Court of Session Decisions >>
Margaret Forbes v - . [1668] Mor 10204 (8 January 1668)
URL: http://www.bailii.org/scot/cases/ScotCS/1668/Mor2410204-037.html Cite as:
[1668] Mor 10204
Pactions, Declarations, &c. by Back-bond or otherwise, qualifying real Rights.
Margaret Forbes v. -
Date: 8 January 1668 Case No. No 37.
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Margaret Forbes having granted a tack of her liferent-lands to ——, bearing expressly for payment of such a sum of money, and bearing to endure for 19 years; she did receive a back-bond of that same date, bearing, that so soon as the sum was paid, the tack should become void. The tack coming to a singular successor, she pursues him for count and reckoning, and removing, and insists upon the tenor of the tack and back-bond. It was alleged for the defender, That the back-bond did not militate against him, being a singular successor, neither being registrated nor intimated to him before his right, in respect the tack is a real right, and no obligement or provision of the tacks-man can prejudge a singular successor.
The Lords repelled the defence, and sustained process against the defender, in respect of the tack and back-bond.
