BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


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

[New search] [Printable PDF version] [Help]


[1615] Mor 15187      

Subject_1 TACK.
Subject_2 SECT. III.

Ish. - Indefinite Endurance, how limited?

Lo Gairlies
v.
Stewart

Date: 15 July 1615
Case No. No. 42.

A tack let in perpetuum found null, even at the instance of the granter's representative.


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

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.

Fol. Dic. v. 2. p. 418. Kerse MS. fol. 103.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1615/Mor3515187-042.html