Scottish Court of Session Decisions

Subject_1 REPRESENTATION.

Sinclair
v.
Convent of Holyroodhouse

Date: 27 July 1543
Case No. No 1.

An Abbot and Conventfound obliged to warrant a tack let by their predecessors.

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

Oliver Sinclair called the Commendator and Convent of Holyroodhouse, to warrant to him the tiend sheaves of the, and claiming him to be restored thereto, because he had two years to run of his nineteen years tack thereof, made by the Abbot and now Bishop of and convent of the said abbey, from which he was put by the forfeiture led against him, the which is now reduced in Parliament, and he by decreet thereof decerned to be restored to all tacks that he had at the time of his forfeiture. It was alleged for the Abbot and Convent, that they ought not to warrant him quia hæc evictio.

Nevertheless The Lords decerned them to warrant the said tack set by the said Abbot and Convent, quia litera assedationis facta dicto Olivero Sinclair in utilitate ecclesiæ et de jure successor tenetur ex contractu predecessoris.

Fol. Dic. v. 2. p. 345. Sinclair, MS. p. 55.