Competition betwixt Tacks, and betwixt Tacks and other Rights.
Wardlaw v. Otterburn
1585.
February.
Case No. No. 92.
The first tack of teinds, with the first inhibition, was preferred to the second tack, altho' clothed with natural possession.
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There was one Mr. Samuel Wardlaw that pursued Alexander Otterburn for the spoliation of certain teind-sheaves pertaining to him as tacksman. It was answered by the defender, That he had tack and assedation of the said teind-sheaves. It was replied, That the pursuer had obtained a former tack, and had served inhibition upon the same, and therefore ought to be preferred to the posterior tack. It was answered, That albeit the pursuer had the first tack, and had raised the first inhibition, yet the defender was first in real and natural possession of the intromitting with the said teind-sheaves, and so ought to be preferred to the possession acquired by the inhibition, which was but a civil possession. The Lords found, That the first tack and inhibition ought to be preferred, et qui prior tempore potior de jure.
