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URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor3515274-158.html
Cite as: [1665] Mor 15274

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[1665] Mor 15274      
Subject_1 TACK.
Subject_2 SECT .X.

Clauses respecting Assignees and Sub-Tenants.

Anderson
 v.
Town of Edinburgh

Date: 31 January 1665
Case No. No. 158.

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The setter is preferable for his tack-duty, to every creditor of the principal tacksman, arresting in the sub-tenant’s hands, and has direct action against the sub-tenant, unless where payment is made bona fide before. This was found in the case of a sub-tenant of the customs of Edinburgh, and obtains multo magis in the case of lands, where there is a tacit hypothec.

 Fol. Dic. v. 2. P. 424. Newbyth. Gilmour. Stair.

*** This case is No. 39. p. 6235. voce Hypothec.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor3515274-158.html