Scottish Court of Session Decisions

Subject_1 TACK.

Wallace
v.
Campbell of Inverasraggan

1751, Jan. 4.
Case No. No. 17.

Click here to view a pdf copy of this documet : PDF Copy

Archibald Campbell in Inveraray having a tack of three nineteen years, built a house, which run him in several debts. His brother Inverasraggan was a considerable creditor, and took from him an assignation to his tack, but set him a sub-tack, obliging him to relieve him of the tack-duty to the Duke of Argyle, and to pay him L.12 of additional duty. Wallace an anterior creditor who had used personal diligence challenged this disposition on several grounds; among the rest on the ground that the disposition of the tack was not clothed with possession. And Wallace has now adjudged the tack. Answered: The disposition was completed by the tack to the common debtor who was already in possession. We appointed a hearing in presence. We remitted to the Ordinary to enquire and report whether any payments had been made of the sub-tack duties, 10th January 1750.

(The case was ultimately decided in favour of the adjudger, the assignee not having attained possession in any way. It appeared he had received no sub-tack duties prior to the adjudication.)