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[1741] 1 Elchies 503
Subject_1 WADSET.
Same Parties
1741 ,Nov. 18 .
Case No.No. 6.
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The question was first judged 17th June 1740 (supra) and came again to be determined, viz. Whether a proper or improper wadset? and the Lords found the first wadset proper, because the back-tack did not extend to the end of the wadset with an irritancy upon failure of payment of the back-tack duty, but was only during the father's life; so that had he died next day the wadsetter had not allenarly a faculty to possess, but was obliged to possess; and the reverser the son could not keep the possession, though he had punctually paid the tack-duty,—renit. Arniston and Dun; and Kilkerran, Murkle, and Monzie did not vote. But they unanimously found the second wadset improper. 18th November 1741 Adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting