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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Kennedie of Carlouk v Kennedie of Barr. [1632] 1 Brn 333 (22 February 1632)
URL: http://www.bailii.org/scot/cases/ScotCS/1632/Brn010333-0886.html
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Kennedie of Carlouk
v.
Kennedie of Barr
22 February 1632 Click here to view a pdf copy of this documet : PDF Copy
Kennedie of Carlouk, tacksman to my Lord Ochiltree of the teinds of the
parish of ——, pursues Kennedie of Barr for wrongous intromission with the teind-sheaves of Carlouk. The defender alleges, He has tack of my Lord Ochiltree for terms to run, prior to the pursuer's tack. It is replied, That the defender his tack is null, being set by the Lord Ochiltree, the time of his rebellion. To the which it is duplied, That the pursuer's tack laborat eodem vitio, and the pursuer has no interest to propone a nullity against his tack, except he were a creditor. To the which it was triplied, That the donatar to the Lord Ochiltree's escheat and liferent has consented to the pursuer's tack, and ratified the same; and, albeit the donatar's gift be long posterior to the horning, yet the rebel had no power, during the time of his rebellion, to set tacks in prejudice of the king and his donatar, who might object nullity against such dispositions made by a rebel. Which duply the Lords found relevant to make the tack null quoad futurum, but to serve for all years preceding inhibition. Page 178.
The electronic version of the text was provided by the Scottish Council of Law Reporting