Scottish Court of Session Decisions

Subject_1 PERSONAL and REAL.
Subject_2 SECT. IV.

Pactions, Declarations, &c. by Back-bond or otherwise, qualifying real Rights.

Margaret Forbes
v.
-

Date: 8 January 1668
Case No. No 37.

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Margaret Forbes having granted a tack of her liferent-lands to ——, bearing expressly for payment of such a sum of money, and bearing to endure for 19 years; she did receive a back-bond of that same date, bearing, that so soon as the sum was paid, the tack should become void. The tack coming to a singular successor, she pursues him for count and reckoning, and removing, and insists upon the tenor of the tack and back-bond. It was alleged for the defender, That the back-bond did not militate against him, being a singular successor, neither being registrated nor intimated to him before his right, in respect the tack is a real right, and no obligement or provision of the tacks-man can prejudge a singular successor.

The Lords repelled the defence, and sustained process against the defender, in respect of the tack and back-bond.

Fol. Dic. v. 4. p. 65. Stair, v. 1. p. 500.