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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Forbes, &c. v Executors of Lady Saltoun. [1735] 1 Elchies 87 (9 December 1735) URL: http://www.bailii.org/scot/cases/ScotCS/1735/Elchies010087-004.html |
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Subject_1 CAUTIONER.
Forbes, &c
v.
Executors of Lady Saltoun
1735 ,Dec. 9,20 .
Case No.No. 4.
Click here to view a pdf copy of this documet : PDF Copy
The Lords found Watertown and Gordon the cautioners in the tack not liable finally tack-duties but the first year certain, because as to all the rest the endurance being collatum in arbitrium of Montblairy, he having given no determination, it was void and null except for the first year certain, and the liferentrix might have removed the tacks man or he might have renounced,—and though the tacksman continuing to possess was liable per tacitam relocationem, yet the cautioners were and could be bound no farther than they were bound by the words of the tack. But Dun thought tacit relocation also bound them, but none of the rest agreed with him.—N. B. This was delayed till after 12 o'clock, —I was called in to make a full bench.—20th December The Lords adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting
