Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr George Haliburton of Inchcairny v. Darg and Leviston in Dirleton
Date: 23 November 1694
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Their defences were founded on a tack, bearing the receipt of 350 merks, and allowing them to retain the rent of the acre and an half, set in satisfaction of the annualrent. It being objected the tack was null, as wanting both a definite ish and specific tack-duty, without which no tack could subsist, these being de essentia;—it was answered, The redemption was the termination, and the annualrent was the tack-duty.
The Lords found it null against the pursuer, who was an appriser, and so a singular successor, whatever it might operate against the granter's heirs. Which was conform to Craig, tit. de Locationibus; and Durie, 31st January 1627, Ross; 28th November 1635, Morison; and Stair, 15th June 1664, Thomson; and 5th February 1680, Rae.
