[1747] 1 Elchies 444
Subject_1 TACK.
The Duke Of Buccleugh
v.
Elliot
1747 ,Dec. 5 .
Case No.No. 12.
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A Beneficial lease for 19 years set to a man and his heirs, secluding assignees but such as the setter approved of, where a great part of the lands was subset; the tenant breaking, William Elliot a creditor pursued adjudication; and Kilkerran found the tack adjudgeable in a question with the setter. But upon a reclaiming bill we found it not adjudgeable, renit. Dun et Tinwald. I was exceedingly doubtful and did not vote. 4th November.—December 5, The Lords adhered.
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