Competition betwixt Tacks, and betwixt Tacks and other Rights.
Fraser v. La Pitsligo.
Date: 22 January 1611 Case No. No. 93.
A tack being let before alienation, was found null, in respect the tenant did not, begin to possess till after the lands were sold, and the purchaser infeft.
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In an action of reduction of removing, pursued by James Fraser contra the La. of Pitsligo, upon a tack set to him by the La. of Philorth, his father, before Pitsligo's infeftment, the Lords found, That this exception was relevant against the reason of reduction, viz. that the tack never took effect by possession before the alienation made to Pitsligo, but, by the contrary, in the alienation made by James Keith of Craig to Philorth of the same lands, the life-rent of himself and his lady was reserved, who bruiks the said lands at the time of the wadset made by Philorth to Pitsligo, likeas Philorth himself bruiked as tacksman to Pitsligo.
Fol. Dic. v. 2. p. 420.
Kerse MS. p. 103.
*** Haddington's report of this case is No. 27. p. 6425. voce Implied Discharge And Renunciation.
