[1750] 1 Elchies 445
Subject_1 TACK.
John Watson
v.
David Thomson
1750 ,Nov. 28 .
Case No.No. 16.
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The question was, Whether a tack of a salt-pan for 15 years without mention of heirs, the tacksman dying during the tack, if it descends to his heir, his son? 2dly, The son continuing some years and paying the rent, whether the receiving the rent alters the case? As to the first sundry authorities are quoted against the heir, viz. two decisions quoted in Colvil, and Haddington, 2. Craigie Wallace, Repertorium juris, Dirleton, and Craig; on the other hand, Stewart. But this coming before us by a bill of suspension of a decree of removing against the heir, which two different Ordinaries had refused, we thought the question deserved more deliberate consideration, and therefore passed the bill.
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