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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Haly v Sands. [1749] 1 Elchies 445 (24 November 1749)
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Cite as: [1749] 1 Elchies 445
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[1749] 1 Elchies 445
Subject_1 TACK.
Haly
v.
Sands
1749 ,Nov. 24 .
Case No.No. 15.
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A farm of a minor was let by roup by the tutors, and Sands was preferred as highest offerer. He had signed his offer. But the articles of roup nor roup itself were not signed by either the infant or the tutor, or even the Judge, so that there was nothing in writing under their hands. One of the tutors acted as clerk. However Sands was put in possession But Haly, one of the tutors, wanting the farm to himself, the tutors pursued a removing. The defence was on the roup. Reply, there was no written tack, therefore only good for one year. I own I had great difficulty. However the Lords sustained the defence upon the roup, and assoilzied from the removing, and found the pursuer liable in expenses, and that the pupil ought not to be charged with any of the expenses of the process.
The electronic version of the text was provided by the Scottish Council of Law Reporting