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Scottish Court of Session Decisions >>
Hunter v Crichton. [1610] Mor 7940 (22 February 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor1907940-013.html Cite as:
[1610] Mor 7940
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In an action of reduction of a tack set by James Blackwood, parson of Sanquhar, to the tutor of Sanquhar contra William Crichton of Eyhill, son and heir to the tutor, and against Robert, Lord Crighton, of Sanquhar, assignee to the said tack, which was desired to be reduced at the instance of Mr Robert Hunter, parson of the said kirk of Sanquhar, upon this reason, that James Blackwood, setter thereof, was lawfully deprived in 1577, it was found by the Lords, That the reasons of reduction were relevant to reduce the said tack, notwithstanding it was answered thereto, that the time of the said deprivation, the kirk had no power to deprive, but ab officio allenarly, and not a beneficio, and that the warrants of deprivation et ab officio et a beneficio was long after the date of the said tack, viz. in anno 1584 et 1594, which is expressly extended ad præterita, and in respect that James Johnston, setter thereof, was deceased long before the intenting of the cause.
