Interdiction strikes not against onerous or rational Deeds.
Douglas v. Cranston
Date: 5 March 1613 Case No. No 22.
Interdicted persons cannot grant tacks, even to kindly tenants.
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In an action betwixt Mr Richard Douglas and John Ferguson for reduction of a tack ex capite interdictionis, the Lords found the reduction competent to the said Mr Richard, who was assignee to the person interdicted, viz. the Laird of ——, and that he might be heard to reduce as well as the heir of the L. Thirlestane, in whose favour the interdiction was conceived.
In the same cause, the Lords found, That the interdiction was sufficient to stay the Laird of —— to give a tack, albeit it was alleged, that George Cranston, receiver of the tack, was kindly tenant,
Item, in the same cause, it was found, that the extract of the publication proved the reason, and the Lords would not compel Mr Richard to produce the principal, notwithstanding that Cranston offered him to prove the inhibition.
