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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - v Ferme. [1680] Mor 15193 (25 June 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor3515193-055.html
Cite as: [1680] Mor 15193

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[1680] Mor 15193      
Subject_1 TACK.
Subject_2 SECT. III.

Ish. - Indefinite Endurance, how limited?

-
v.
Ferme

Date: 25 June 1680
Case No. No. 55.

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One being charged to remove from a shop, suspends, that he had a tack bearing a provision, that he should not be removed, if he found Mr. William Kintore cautioner for the duty. Answered, The tack was null, wanting an ish. The Lords sustained the tack as being during the tacksman’s pleasure, which ended with his life, and declared they would accept of no other cautioner than Mr. William, though more responsal, because tacks are stricti juris.

 Fol. Dic. v. 2. p. 418. Fountainhall MS.

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/1680/Mor3515193-055.html