Competition betwixt Tacks, and betwixt Tacks and other Rights.
Wallace v. Harvey
Date: 11 July 1627 Case No. No. 98.
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A tack was preferred to a comprising, in respect it was set before the denunciation, and clad with possession before sasine on the comprising; but, thereafter, it having been made appear to the Lords, that the compriser's sasine was prior to the possession attained by the tacksman, they preferred the compriser, although, be fore the sasine, the tacksman had executed summons of mails and duties against the tenants of the lands, upon which he afterwards recovered decreet.
Fol. Dic. v. 2. p. 421.
Durie.
*** This case is No. 8. p. 67. voce Adjudication.
See also 25th March, 1628, Blackburn against Gibson, No. 65. p. 9211. voce Mutual Contract.