Subject_1 SERVICE AND CONFIRMATION. Subject_2 SECT. II.
Heirs have right to Tacks without Service.
John Boyd v. Hugh Sinclair
Date: 17 June 1671 Case No. No. 15.
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John Boyd having a right to some teinds in Orkney, pursues Hugh Sinclair as intromitter therewith, who alleged absolvitor, because he had right to a tack, set to umquhile Sinclair during his life, and to his first heir after him, during his life, and nineteen years thereafter, which is not yet expired; for though the defunct's eldest son survived him, yet he was never entered heir to him, neither did he possess these teinds, and died shortly after his father; but it is not nineteen years since the second son died, whose retour is produced, as heir to his father.
The Lords found, That the eldest son surviving his father, although he never possessed, was the first heir as to the tack, and that he needed not be served heir.
