Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN GILMOUR OF CRAIGMILLER.

Sir Andrew Dick
v.
James Baillie

1662. December.

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Sir Andrew Dick pursues James Baillie, compriser of certain lands in Orkney pertaining to Sir Andrew, to hear and see it found, that James was satisfied by his intromissions within the legal; and produced a rental according to certain tacks set to the tenants, wherewith James intromitted, or should have intromitted and be countable conform to the tacks, he having meddled at least with some of the duties from the tenants. It was answered, That if any tacks were set to the tenants, they were for such duties as the tenants were not able to pay; and what he de facto intromitted with, was all the lands were worth, and paid before the tacks; at least, if they had been forced to pay greater duties, the lands would have been casten waste. It was replied, That a compriser once meddling with the tenants, cannot give down of the rents payable by the tenants at the time of his entry. The Lords ordained a commission to be directed to examine the payment made, by the tenants, the years preceding the tacks; and what condition they were in, the time of the compriser's entry, and whether they miffht have been able to keep the lands, if they had been distressed for the full duties contained in the tacks; and, if the lands could have been made tenant-sted, if these tenants had been removed.

No 57, Page 41.