Scottish Court of Session Decisions

Subject_1 TACK.
Subject_2 SECT. I.

Subject-Matter and Nature of Tacks.

Parson of Kinkell
v.
Earl of Marishall

Date: 18 February 1629
Case No. No. 9.

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The Earl of Marishall being pursued by the Parson of Kinkell for reduction of a tack of his teind set by the parson’s predecessors, upon this reason, that the tack wanted the subscription of so many of the Chapter as were requisite, which were condescended upon and alleged living the time of the setting of the tack; it was alleged by the defender, that the pursuer behoved to prove, that the said persons were lawfully provided to the benefices, whereby they were members of the Chapter. It was replied, That it was sufficient to prove, that the said persons were reputed and holden lawful titulars of the said benefice, and in use to subscribe the like as members of the Chapter; which reply the Lords found relevant.

Auchinleck MS. p. 232.