Scottish Court of Session Decisions

Subject_1 TACK.
Subject_2 SECT. VI.

Tacks contrived as Security for Debts.

Cockburn, Darling, and other Creditors of Mr Thomas Dunce of Revel dykes.
v.
Robert Sampson

Date: 10 February 1698
Case No. No. 122.

Found in conformity with No. 120. supra.

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In a competition between Cockburn, Darling, and other creditors of Mr. Thomas Dunce of Reveldykes, who being resting to Robert Sampson 400 merks, he give him a tack of some acres; against which the other objected, that it was null, being only a personal obligement, and assignation to the rents ay and while he were paid of his money, which never stood against singular successors, and wanted all the essentials of a true tack, (which, by the 18th act 1449, is declared a real right,) neither having tack duty nor ish. Answered, The tack was formal; seeing it expired on payment of the sum, which was its termination; and had a shearer and teinds paid yearly for a tack-duty. The Lords considered the payment of the sum was an indefinite ish, if so be the rent of the land set did no more than pay the annual-rent of the sum, in which case, they would not sustain it as a valid tack; but if there were a superplus, that by intromission within such a space of years, it would pay the whole, then it would subsist as a good tack, and ordained the value to be tried. See Peacock againt Lauder, No. 118. p. 15244. Oliphant against Currie; No. 120. p. 15245. If such tacks were too far extended, then wadsets and heritable rights would be disused, which by the intimation given by their registration are more secure to the other lieges.

Fol. Dic. v. 2. p. 422. Fountainhall, v. 1. p. 822.