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Lady Idington v William Kirkwood. [1681] 3 Brn 397 (23 February 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030397-0555.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Lady Idington v. William Kirkwood
Date: 23 February 1681
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Lady Idington having charged William Kirkwood in Dumbar, on his tack, for payment of the tack-duty; and he suspending on this reason, That he had paid it to Doctor Stevenson and Mr Robert Ker, who had infeftments forth of the lands set to him in tack;—the Lords, on report, found that the tenant ought to have retention of what he paid to persons who had poindings of the ground whereof he was tenant. So that a naked infeftment of annualrent, without a decreet of poinding, was no sufficient warrant to him at his own hand to dispose upon the master's rent, who was able to pay his own debt. Vide Haddington, 4th June 1611, Hamilton.
