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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Loud Darnley; v Campbell of Shawfield. [1741] 1 Elchies 443 (23 June 1741) URL: http://www.bailii.org/scot/cases/ScotCS/1741/Elchies010443-004.html Cite as: [1741] 1 Elchies 443 |
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[1741] 1 Elchies 443
Subject_1 TACK.
Loud Darnley;
v.
Campbell of Shawfield
1741 ,June 23 .
Case No.No. 5.
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The Lords adhered to the Ordinary's interlocutor, finding Shawfield liable only for the tack-duty for his own feu-duty, and that he had the benefit of tacit relocation. I was of the small number that were for altering, because I thought the feu-duty not the subject of a lease or tack, but I did not speak. Arniston, who did not either speak, voted to adhere; and yet I afterwards found he had the same doubt with me, that this was not the subject of a lease, and he voted adhere only because the pursuer's own right was only a lease from Crown, which he thought was now void and null. But on a reclaiming bill, this was remitted to the Ordinary, But, after they found there might be tacit relocation, upon a proof they found there was no place for it here,—28th January 1742.
The electronic version of the text was provided by the Scottish Council of Law Reporting