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Carruthers of Holmains, in the year 1680, granted a tack to William Irvine of the following tenor: “Sets, and in rental lets to the said William the foresaid five pound land, as then possessed by him and his tenants, and that perpetually and continually as long as the grass groweth up and the water runneth down, and obliges him and his heirs, &c. to renew the present security and right of the said five pound land to the said William Irvine, his heirs and successors, ay and while they find themselves sufficiently secured in the said lands.” In a removing at the instance of the heir of the granter, it was objected, That this tack or rental was null, as wanting an ish. Answered, A tack or rental wanting an ish is indeed not good against singular successors; at the same time it can hardly be doubted but a proprietor has it in his power to grant such an obligation to his tenant, that shall be good against himself and heirs for ever. This is no unlawful obligation, none of those that are reprobated in law. The Lords found, That by the meaning of parties the contract was intended to be a perpetual right to the tenant and his successors; and therefore assoilzied.
Fol. Dic. v. 2. p.419.
***See 26th July, 1631, Crichton against Viscount of Ayr, No. 362. p. 11182. voce Prescription.
