Scottish Court of Session Decisions

Subject_1 TACK.
Subject_2 SECT. VI.

Tacks contrived as Security for Debts.

Bennet
v.
Turnbull

Date: 12 July 1628
Case No. No. 109.

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By contract, lands being disponed, not in the form of a real right, but simply to be possessed,without paying any duty in place of the annual-rent of a sum owing by the disponer, and with power to retain possession till the principal was repaid, this was not found good to defend against a singular successor.

Fol. Dic. v. 2. p. 423. Durie. *** This case is No. 11. p. 2181. voce Citation.