[1622] Mor 15251
Subject_1 TACK.
Subject_2 SECT. VII. Rights of the Tenant.
Date: L Steel
v.
-
23 February 1622
Case No.No. 128.
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L. Steel, as sub-tackman, having pursued an action of spuilzie of teinds against certain persons, who compeared, and alleged, that he ought to produce, before process could be granted at his instance, his author's tack, for his title, to instruct that he had right to the teinds, without which the sub-tack was not a sufficient title to sustain the pursuit; the Lords repelled the allegeance, and sustained the pursuit upon the sub-tack, the sub-tacksman proving cum processu, and producing where the setter of the sub-tack had a tack standing for the years libelled ; and found no necessity to produce the said principal tack for the pursuer's title, seeing that the pursuer also offered to prove, that the defender had acknowledged the pursuer's sub-tack, by paying the duty for the said teinds to him divers years preceding the years acclaimed.
Clerk, Gibson.
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