Subject_1 PERSONAL and TRANSMISSIBLE. Subject_2 SECT. I.
What Rights go to Heirs.
Drum v. Niven
Date: 11 November 1609 Case No. No 2.
Found in conformity with the above.
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The Laird of Drum pursued one Niven to remove. He excepted, That he was apparent heir to his umquhile father, who had tacks for terms to run. Drum answered, That the allegeance was irrelevant, unless he would say, that his father had a tack set to him, his heirs, and assignees. The matter being brought to interlocutor, and the Lords craving my opinion, I thought it necessary that the defender should condescend that the tack was set to his father and his heirs; or otherwise, I could not think that the tack could defend him, seeing many men set tacks of their lands to their tenants, respecting industrious persons, their tacksman, being a good labourer, and having sufficient plenishing, to the which they would not be content, that his heir, being minor, and unable and unskilful to labour, should succeed; or albeit he were minor, that he should succeed wanting permission; whereas his father's moveables were dispersed betwixt his father's relict and bairns: Which opinion the Lords allowed.
