Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

The Sheriff of Galloway
v.
The Laird of Cragcaffie

Date: 11 December 1629

Click here to view a pdf copy of this documet : PDF Copy

The sheriff pursuing his own tacksman, to find caution to pay the tackduty, or else to remove; and, in this process, Cragcaffie compearing, who had comprised the lands, and was infeft, or done diligence, which was equivalent; and alleging thereby, the lands to be his, and that the pursuer could not be entered to the land, though the alleged tacksman should not find caution, the pursuer's self having no right to the land, and nothing being produced for him: for his setting of a tack of that which he had no right to, could not furnish him any interest to the land, against him who had right, seeing he was now a party, and the cause ought not to be considered as betwixt the setter and the tacksman only:—The allegeance was repelled: and, but production of any right to the land, in the pursuer's person, the action was sustained against his own tacksman; albeit the allegeance was not proponed for him, but for another clad with a right.

Act. M'Gill. Alt. Neilson. Scot, Clerk.

Vid. 18th June 1629, Dumbar against Turner.

Page 473.