Of facts inferring knowledge of, and consent to the right challenged. Effect of consent where the right is not known. Effect of legal steps passing of course. Effect of minority. Effect of payment.
Mr Alexander Powrie v. Johnston
Date: 8 June 1613 Case No. No 15.
Subscribing as witness to a tack was found only to be reputed a testimony of the truth of the subscription, but not to hinder the witness to impugn the tack he signed.
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Mr Alexander Powrie, as parson of Dalton, pursued Johnston for spuilzie, or wronguose intromission of his teinds. The defender excepted, That he had tacks set to him of the teinds controverted, by the Bishop of Glasgow, for terms to run. It was replied, That the tack set by the Bishop was null, because he was not titular of that benefice of Dalton, but only patron, and so had no power to set tacks. It was duplied, That this pursuer could not impugn the tack, because he had in effect ratified it, he being inserted witness in it, and having subscribed it. To this was answered, That his subscription as witness was only a testimony of the truth of the tack, and could not infer his consent to the tenor thereof. Which answer the Lords found relevant; and, in respect thereof, repelled the allegeance.
