Scottish Court of Session Decisions

Subject_1 TACK.
Subject_2 SECT. III.

Ish. - Indefinite Endurance, how limited?

Bishop of Galloway
v.
Innes of Coxtoun

1684. March.
Case No. No. 56.

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The Bishop of Galloway having set a tack of tithes to Mr. John Innes of Coxtoun, during his life, and after his decease during the life of James his eldest son, and for the space of two nineteen years after James’s decease; James and his father being both dead, and two nineteen years run since the death of the son, who died first, the Bishop contended that the tack was expired.

Answered : The tack being set for two life-rents, the naming of the son is not to be understood personally, but designative; for otherwise the tack would be but for one life-rent.

The Lords found the nineteen years to commence from the death of the father, who survived his son James. But the interlocutor was stopped before pronouncing, till the tack was re-considered.

Harcarse, No. 952. p. 268.