[1665] Mor 15274
Subject_1 TACK.
Subject_2 SECT .X. Clauses respecting Assignees and Sub-Tenants.
Date: Anderson
v.
Town of Edinburgh
31 January 1665
Case No.No. 158.
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The setter is preferable for his tack-duty, to every creditor of the principal tacksman, arresting in the sub-tenant’s hands, and has direct action against the sub-tenant, unless where payment is made bona fide before. This was found in the case of a sub-tenant of the customs of Edinburgh, and obtains multo magis in the case of lands, where there is a tacit hypothec.
*** This case is No. 39. p. 6235. voce Hypothec.
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