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A tutor having acquired a tack of teinds of the pupil's lands, and taken the same in life-rent to his own wife, who was the pupil's mother, and, after her decease, to the pupil himself, the Lords found this a lawful transaction with regard to the teinds of that part of the estate which was life-rented by the Lady; but as to the remainder, found, That the tack did accresce to the pupil, with the burden of a proportion of the sum laid out by the tutor in acquiring the tack.
Durie.
*** This case is No. 49. p. 9503. voce Pactum Illicitum.
