Subject_1 PERSONAL and TRANSMISSIBLE. Subject_2 SECT. III.
What Rights go to Assignees.
Atchison v. Benny
Date: 7 January 1748 Case No. No 85.
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On the verbal report of Lord Elchies for advice, it was found, That the rule in our law books, that tacks not bearing to assignees cannot be assigned without consent of the heritor, does not extend to urban tenements; and that therefore a tack for 13 years of a house in Falkirk might be assigned or subset without consent of the proprietor. But in this the Lords were not unanimous, as several were of opinion, that there is often no less an electio persona in the tack of a house than of land.
Kilkerran, (Tack.) No 5. p. 533.*** D. Falconer reports this case:
A person in Falkirk set a house for thirteen years to one Russel, who removing from the place, let it to Atchison; but the original landlord having sold the house to Benny, he hindered Atchison from taking possession, on this ground, that tacks were not assignable.
Disputed, Whether the rule extended to urban tenements.
On report of Lord Elchies, the Lords advised him to find the tack assignable.
Fol. Dic. v. 4. p. 76. D. Falconer, v. 1. No 226. p. 310.
