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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lo. Gairlies v Stewart. [1615] Mor 15187 (15 July 1615) URL: http://www.bailii.org/scot/cases/ScotCS/1615/Mor3515187-042.html Cite as: [1615] Mor 15187 |
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[1615] Mor 15187
Subject_1 TACK.
Subject_2 SECT. III. Ish. - Indefinite Endurance, how limited?
Date: Lo Gairlies
v.
Stewart
15 July 1615
Case No.No. 42.
A tack let in perpetuum found null, even at the instance of the granter's representative.
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In an action pursued by the Lord Gairlies against Alexander Stewart of Lay, for making and subscribing of certain new tacks and assedations, conform to a contract passed betwixt the said Lord Gairlies’ goodsir, on the one part, and Anthony Stewart, goodsir to Cluny, on the other part, the Lords found, That the said contract could not be obligatory for perpetual tacks; but, in respect two 19 years were run, and that both the setters and receivers were deceased, that therefore the Lord Gairlies, as heir to his goodsir, could not be obliged to give new tacks.
The electronic version of the text was provided by the Scottish Council of Law Reporting