Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 REMOVING.

The Lord-Advocate and James Riddle, Esq
v.
The Tenants of Abdnamurchan

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While the estate of Ardnamurchan was under sequestration, the tenants obtained tacks, by the authority of the Lords, for the space of nineteen years, from Whitsunday 1753: “But with and under this special quality and provision, that, in case of a judicial sale of the lands before the expiration thereof, it shall be in the option of the purchaser to be free of this tack at the expiration of three years from and after his purchase and entry to the lands; which option he shall be obliged to declare by a writing under his hand one full year before the lapse of the said three years, to be intimated under form of instrument,” &c. The estate having been purchased by the Lord-Advocate, he made intimation to the tenants to remove, in terms of the above quality. The tenant objected to his title, as not clothed with infeftment. The Court were of opinion that the purchaser, who succeeded to every right, either in the factor or Court, was entitled to remove the tenants without infeftment, just as much as if he himself had set the tacks. The argument was strengthened by the special clause in the tacks above narrated.