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Scottish Court of Session Decisions >>
Hume v Johnston. [1675] Mor 14375 (9 July 1675)
URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor3314375-016.html Cite as:
[1675] Mor 14375
Subject_1 SERVICE AND CONFIRMATION. Subject_2 SECT. II.
Heirs have right to Tacks without Service.
Hume v. Johnston
Date: 9 July 1675 Case No. No. 16.
Heirs of tacksmen need not be served to enjoy a tack let to heirs.
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In a process between Hume and Johnston for removing, and mails and duties, a defence was proponed upon a tack, set to the tacksman during life, and after his decease to his first heir, which was alleged to be yet unexpired, because there was no heir served to the tacksman. It was answered, That there was no necessity to serve heir for the enjoyment of tacks, but the party who had right to be heir might bruik the same, without any service, according to ancient and unquestionable custom, and it was offered to be proven, that the tacksman was dead, and that his eldest son was also dead, who bruiked the lands after his father's death, during his life.
The Lords found, that there was no necessity of a service of the heirs of tacksmen, and therefore sustained the allegeance to instruct the expiring of the tack.
