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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Bishop of Argyle v The Commissary of Argyle. [1669] 1 Brn 576 (5 January 1669)
URL: http://www.bailii.org/scot/cases/ScotCS/1669/Brn010576-1461.html
Cite as: [1669] 1 Brn 576
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[1669] 1 Brn 576
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: The Bishop of Argyle
v.
The Commissary of Argyle
5 January 1669 Click here to view a pdf copy of this documet : PDF Copy
The Bishop of Argyle, pursuing the commissary for a tack-duty of 1000 merks, payable yearly, for the quots of testaments since the pursuer's admission to that bishopric, upon this ground, That the commissary was tacksman to the bishop's predecessor, and liable in payment of so much:
The Lords did sustain the pursuit; notwithstanding it was alleged, That his first tack was expired by the death of the granter; and having no tack from this bishop the pursuer, the defender could be only liable for his intromission; seeing, if he had intromitted with mueh more than the tack-duty, he would have been liable to the bishop, and could not have defended himself per tacitam relocationem. Which the Lords did repel; for the Lords found, That the commissary, having continued his possession, which was as tacksman, and never offering to renounce the same, or to crave any new right from the pursuer, he ought to be liable for the tack-duty, aye and while he offer to renounce his right, that the bishop, or others in his name, might enter to the possession.
Page 26.
The electronic version of the text was provided by the Scottish Council of Law Reporting