Scottish Court of Session Decisions

Subject_1 TACK.

Creditors of Auchinbreck
v.
M'Lachlan

1748, Feb. 11.
Case No. No. 13.

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Sir James Campbell in 1729 borrowed 4000 merks from M'Lachlan and gave him a tack of lands for five years and thereafter till the money were repaid, at 200 merks rent, and certain casualties of butter, wedders, poultry, &c. allowing him to retain the 200 merk in giving annually a discharge of annualrents. In 1739 the estate was sequestrated, but the tenant suffered to possess, and after Martinmas 1742 the factor took a Baron-court decree against M'Lachlan for the full rents; which he suspended; but it lay over till 1746, when the factor insisted on discussing the suspension. Kilkerran found the letters orderly proceeded; but we sustained the reason of suspension until he was inter-pelled by the decreet; and suspended as to precedings, but found him liable for rent crop 1743 and in time coming. Arniston was against the first part of the interlocutor, but after it was carried, he was for suspending also for the rents after the decreet; and I own so was I against this last part and Minto. But as such of the Lords as spoke were for finding him liable from the interpellation, and differed as to the time, I who was in the chair put the question, Whether liable from the decreet or not? and it carried liable.