Scottish Court of Session Decisions

Subject_1 TACK.
Subject_2 SECT. I.

Subject-Matter and Nature of Tacks.

Garioch
v.
Forbes

Date: 8 February 1750
Case No. No. 24.

Obligation to grant tack, if effectual against singular successors?

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Alexander Garioch of Kinsterey, purchaser of the lands of Lesmore, from Gordon of Wardhouse, pursued a removing against Alexander Forbes, possessor of a part of the lands, who defended himself, upon an agreement between him and Wardhouse, the pursuer’s author, which had been executed by two missives, one by Wardhouse, bearing, that Forbes was to have a tack for 19 years, the other from Forbes, accepting the offer. This was sustained against the singular successor; who was found liable in the tenant’s expense for disputing it, which he did on the ground, that this was no tack, but only an obligation to grant one, and that such obligations are not effectual against singular successors.

Fol. Dic. v. 4. p. 322. Kilkerran, No. 9. p. 537.