Scottish Court of Session Decisions

Subject_1 TACK.
Subject_2 SECT. I.

Subject-Matter and Nature of Tacks.

James Gordon of Badenscoth
v.
Alexander Hall, his Tenant

Date: 10 August 1757
Case No. No. 26.

Nullities of a tack supplied by the tenant's possession.

Click here to view a pdf copy of this documet : PDF Copy

A letter being addressed to an heritor, who was minor at the time, by a former tenant, agreeing to become bound to accept of a tack of the same farm, for thirteen years, and to pay a rent which was acknowledged to exceed the old rent in two particulars, viz. eight feet of peats, and a stone of butter; this was found equivalent, against the heritor, to a tack, though the letter bore no date; because it was proved, by the heritor’s declaration, that the date of the letter was five years before; and though his curator was not present at receiving the letter, yet he himself became major soon after, and received the additional rent contained in the letter for four years; during which time, as he acknowledged, the tenant possessed upon no other title than the letter.

Act. Burnett. Fac. Coll. No. 51. p. 85.