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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir George Sutty v - . [1758] 5 Brn 866 (5 July 1758)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By JAMES BURNETT, LORD MONOBODDO.
Subject_2 COMPLAINT FROM STIRLINGSHIRE.
Date: Sir George Sutty
v.
-
5 July 1758 Click here to view a pdf copy of this documet : PDF Copy
A tenant, who had a tack to him and his heirs, excluding assignees, when he grew old and infirm assigned the same to his eldest son, who was alioqui successurus. The Lords found that such a tack could be assigned to the eldest son, in the same manner as a ward-fee could formerly have been conveyed to the heir, or as a tailyied estate can yet be disponed to the next heir of tailyie ; dissent. tantum Preside, who was for interpreting strictly the clause excluding assignees in tacks, the meaning of which, he said, was, that the master should have no other tenant except the person he had chosen for his skill and industry, during his life.
The same decided 29th November 1758, Hepburn of Smethon against—, but by a very narrow majority.
The electronic version of the text was provided by the Scottish Council of Law Reporting