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Scottish Court of Session Decisions >>
The Earl of Cassilis v Montgomery of Lainshaw. [1686] 3 Brn 600 (27 November 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Brn030600-0918.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 27 November 1686
The Earl of Cassilis v. Montgomery of Lainshaw
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There is a competition between two tacks of teinds discussed. The late Bishop of Galloway sets a tack, to Montgomery of Lainshaw, of his teinds, when a former tack had two or three years yet to run, and gave up and cancelled the former tack. The Earl of Cassilis, after the out-running of the years of the former tack, gets a new one, and quarrels Lainshaw's tack, as set by anticipation; which is a lesion and dilapidation of the benefice, to the prejudice of the successor.
The Lords sustained the tack, though set when the other was not expired; seeing it was not set to begin when the other should expire, but commenced presently, without relation to it; and that the Bishop who set it continued Bishop when the other was expired, when he might have set it; and that the succeeding Bishops may do the same. But if a Bishop, when he is to be transported, should, per universalem aversionem, renew all his tacks, this would look like fraud and design. But the anticipating one tack will not amount to this.
