Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Earl Marishall v Andrew Fraser. [1633] 1 Brn 339 (18 January 1633)
URL: http://www.bailii.org/scot/cases/ScotCS/1633/Brn010339-0899.html
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: The Earl Marishall
v.
Andrew Fraser
18 January 1633 Click here to view a pdf copy of this documet : PDF Copy
Earl Marishall pursues Andrew Fraser for removing. The defender alleged, He had right, by a tack set by the pursuer's father, who had power to set tacks for his lifetime and fifteen years after, to the kindly tenant, but diminution of the rental. To the which it was replied, That this tack cannot defend him; because the defender was not a kindly tenant, and the tack was set with diminution. It was duplied, That the Earl had approven the tack, in so far as he had suffered him to bruik the tack; and, by his chamberlains, he received the duty therein contained, ever since his father's decease. It was answered, That the acceptance of the tack-duty can only defend him for years bypast, but cannot hinder the master to quarrel the tack in time to come: as was decided betwixt the Lady Dumfermling and her tenants. Which answer the Lords found relevant.
Page 235.
The electronic version of the text was provided by the Scottish Council of Law Reporting