Scottish Court of Session Decisions

Subject_1 TACK.
Subject_2 SECT. II.

Rental Rights.

Kerr of Moriestoun
v.
James Waugh

Date: 29 February 1752
Case No. No. 39.

A perpetual rental is not good against a purchaser, more than a perpetual tack.

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In the year 1592, Lord Borthwick granted a rental right of a husband-land in Ligertwood, in favours of James Waugh and his spouse, and the heirs of the marriage, which failing, to the husband’s heirs whatsomever; and his Lordship binds himself and his heirs, to warrant them and their foresaids, for ever, as kindly tenants of the said husband-land, they paying of rent, six bolls bear, two bolls family-meal, &c. with 40 merks at the entry of every heir.

In a removing of the heir of the said James Waugh by Kerr of Moriestoun, purchaser of the lands of Ligertwood, which was brought before the Court of Session by advocation, the Lords found, That a perpetual rental is not good against a purchaser, more than a perpetual tack.

Fol. Dic. v. 4. p. 321. Sel. Dec. No. 8. p. 11.