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Scottish Court of Session Decisions >>
Earl of Selkirk v M'Moran of Glespine. [1763] Mor 15324 (7 December 1763)
URL: http://www.bailii.org/scot/cases/ScotCS/1763/Mor3515324-214.html Cite as:
[1763] Mor 15324
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A tack of the teind of his own land, obtained by an heritor from the titular, being expired, he was allowed to continue his possession by tacit relocation, upon paying the tack-duty of £.200 Scots An action was brought against him by the titular in the year 1750, concluding for payment of 1000 merks yearly, as the true value of the teind. This process proceeded slowly, and when it was drawing to a conclusion, the question occurred, Whether the citation in this process was a proper interruption of the tacit relocation? It was urged for the defender, that inhibition of teind is the only legal interruption. It was answered for the pursuer, that tacit relocation has no other foundation than the consent of parties; and that a process rejecting the tack-duty, and demanding the full value of the teind, is as strong a specification of the titular's dissent, as any legal act can possibly be.
“The Lords accordingly found this process a sufficient interruption.”
sel. Dec. No. 210. p. 277.
*** This judgment seems to have been afterwards altered. See the case which follows.
