Competition betwixt Tacks, and betwixt Tacks and other Rights.
M'Millan v. Gordon
Date: 23 June 1627 Case No. No. 96.
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A spuilzie of teinds being pursued by the sub-tacksman's assignee, this exception was proponed for the defender, viz. That he had a sub-tack from the same tacksman, which, though posterior in date, yet was clothed with continual possession ever since the principal tacksman ceased to possess, whereas the pursuer never was in possession. The exception was sustained.
Fol. Dic. v. 2 p. 420. Durie.
*** This case is No. 81. p. 7018. voce Inhibition.