A party obtained a tack of teinds, and a second to commence at the expiry of the first, and a third to begin at the outrunning of the second. In a removing at the instance of the purchaser of the lands, the Lords found, that the tacksman could not defend himself by the third tack, the second not being outrun at the time of toe sale.
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The Laird of Drum, as heritable proprietor of certain lands of the living of Fodderat, warned one Jamieson, occupier thereof, to remove. It was excepted, that the defender had tack of the said lands of one George Gordon, who had a nineteen years tack of the said lands set to him by the Laird of Fodderat, author to the pursuer, being before the pursuer’s right; likeas, the said Gordon had another nineteen years tack to begin after the expiring of the first, and a third nineteen years tack to begin at the issue of the former; and all the said tacks were set to him by the Lairds of Fodderat before the heritable right of the lands libelled acquired by the pursuer; and it was of verity, that there were terms to run of the third tack the time of the warning. It was answered, That the allegeance was not relevant, because the third tack whereupon the exception was founded being conferred in tempus indebitum ; viz. to enter and begin in such a year, at the which time the setter had no right, but was denuded thereof by heritable alienation of the lands by the pursuer’s father; the tack in effect was null, and could not have an entry and beginning after that the setter was denuded thereof, and seeing the said three tacks were not in corpore juris nec in uno contextu et scriptura, but were distincta et separata instrumenta ;—in respect whereof, the Lords repelled the allegeance, and found that the tack being scriptura separata from the preceding tacks; and never taking entry, nor beginning so long as the father’s right endured, it could not begin after that the seller was denuded by the heritable alienation of the lands to the pursuer.
