Taking benefit of a reducible deed, while it stands, no homologation.
Mr William Chalmers v. Wood of Balbegno
Date: 27 February 1668 Case No. No 78.
Homologation of a tack of teinds not inferred from the minister receiving the duty.
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Mr William Chalmers, parson of Fettercairn, pursues reduction of a tack of the teinds of the parish, granted by his predecessors, on this ground, that it is null by act of Parliament, as wanting consent of the patron. The defender alleged absolvitor, because the pursuer had homologated his tack, in so far as he had received payment of the duty, conform to the tack, which was a clear acknowledgement thereof. It was answered, That this could only be an homologation for the years received, and could not homologate the tack itself, because the tack was a standing right, valid till it were reduced, and the pursuer could get no more than the tack duty till he should reduce the same.
The Lords found this no homologation to validate the tack.
