Scottish Court of Session Decisions

Subject_1 TACK.
Subject_2 SECT. IV.

In what Cases good against Singular Successors?

Laird of Touch
v.
Fairbairn

Date: 22 July 1612
Case No. No. 72.

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In an action of spuilzie of teinds pursued by the Laird of Touch, as assignee to George Home of Bassendean, tacksman of the Kirk of Gordon, against Fairbairn, son and heir of Henry Fairbairn; the Lords repelled an exception founded upon a contract made between William Home of Bassendean, father to the said George, and umquhile Henry Fairbairn, to the said James, where by William Home was obliged to deliver to Henry and his heirs the tack of the teinds for nineteen years, the entry at Lammas 1599; and found, that the same could not meet the Laird of Touch, who was singular successor.

Kerse MS. p. 103.