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Scottish Court of Session Decisions >>
Sir Peter Frazer v Hog. [1685] Mor 15174 (27 February 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor3515174-021.html Cite as:
[1685] Mor 15174
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An obligation to set a nineteen years tack, after a right of excambion should be redeemed, found lawful, and not to fall under the act of Parliament concerning tacks after wadsets. The tack-duty was but £.20, and the lands excambed worth 3000 merks.
Harcarse, No. 958. p. 263.*** Fountainhall reports this case:
James Hog of Bleredreyn’s reduction against Sir Peter Frazer, was reported by Boyne. The Lords, in respect there was a submission, by virtue whereof there was a communing betwixt the parties, and that Kinmunday, the defender’s factor, acknowleges that the communing did but lately cease before the extracting of the decreet, therefore they reponed Bleredreyn against the said decreet, and sustained the order of redemption; but in respect, conform to the tenor of the reversion, there was not a tack consigned at the time of the order, therefore the Lords yet ordain the defender to exhibit a tack of the lands conform to the reversion, to commence from Whitsunday next.
Bills were given in against this interlocutor, but the Lords adhered; though it seems impossible to make the nineteen years tack begin only at Whitsunday next, and yet sustain the order; for if the order be valid and legal, the tack must begin when it was used in 1670, and so fifteen years of it will be run.
