Scottish Court of Session Decisions

Subject_1 TACK.
Subject_2 SECT. VI.

Tacks contrived as Security for Debts.

Sir Alexander Hume
v.
Mr Patrick,his Brother.

1682. January.
Case No. No. 121.

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The Lord Renton having, for payment of his debt, set a tack of his whole lands and casualties, to Sir Patrick Hume his son, reserving the kain fowls to his Lady and his son Sir Alexander, the apparent heir; after his lady's decease Sir Alexander claimed tne whole kains jure accrescendi, his mother and he being nomine et re conjuncti in the clause of reservation.

Answered for Sir Patrick: By the civil law jus accrescendi took no place in contracts inter vivos.

The Lords waved the point of jus accrescendi; but found, That the kain fowls did not fall under Sir Patrick's tack; and therefore belonged to the heir.

Harcarse, No. 949. p. 267.