The consent of the chapter found necessary to give effect to a tack.
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The College of Aberdeen having the deanry of the cathedral kirk of Aberdeen annexed and mortified to them, pursue reduction of certain tacks of lands pertaining to the deanry, set by the said college, because the same was not with consent of the Bishop and remanent members of the said cathedral church; and the defender alleging, that there was no necessity of any of the of the chapter's consent, seeing the deanry was mortified to the College, to whom the rents and fruits of the deanry did belong, and whose consent he had, and which was set by them; the Lords found the tack null, wanting the consent of the chapter; for albeit the deanry, and fruits, and rents thereof, were mortified to the College, yet the dignity was not thereby extinct, for thereby the College came in place of the dean, and as deeds done by the dean, before the mortification, required the consent of the rest of the chapter, so the deeds done by the College required the like solemnity, they being only become in the dean's place.
Act. Nicolson.Alt. Cheap.Clerk, Scot.
Fol. Dic. v. 1. p. 527. Durie, p. 443.
