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Scottish Court of Session Decisions >>
James Gordon of Badenscoth v Alexander Hall, his Tenant. [1757] Mor 15178 (10 August 1757)
URL: http://www.bailii.org/scot/cases/ScotCS/1757/Mor3515178-026.html Cite as:
[1757] Mor 15178
James Gordon of Badenscoth v. Alexander Hall, his Tenant
Date: 10 August 1757 Case No. No. 26.
Nullities of a tack supplied by the tenant's possession.
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A letter being addressed to an heritor, who was minor at the time, by a former tenant, agreeing to become bound to accept of a tack of the same farm, for thirteen years, and to pay a rent which was acknowledged to exceed the old rent in two particulars, viz. eight feet of peats, and a stone of butter; this was found equivalent, against the heritor, to a tack, though the letter bore no date; because it was proved, by the heritor’s declaration, that the date of the letter was five years before; and though his curator was not present at receiving the letter, yet he himself became major soon after, and received the additional rent contained in the letter for four years; during which time, as he acknowledged, the tenant possessed upon no other title than the letter.
