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Certain tacks, granted by John Rae of Castlebank, to commence after the expiry of the leases subsisting at the time, were found reducible, at the instance of his real creditors, in respect the creditors were “infeft in the lands let before the tenants obtained possession thereof, in virtue of those tacks.”
It was pleaded for the tenants; That so long as the proprietor continued in possession, he could grant tacks with effect; and it has never been imagined, that tenants were bound to search the records for incumbrances, before they ventured to enter into a lease.
Answered; The tacks in question would have been good against the heir of the proprietor; they might perhaps have been good against a voluntary purchaser; but they cannot be sustained against onerous creditors, who stand in a very different situation, and against whom the prorogation of a tack has not, in any instance, been sustained.
Act. Crosbie.Alt. Armstrong.
Fac. Coll. No. 100. p. 356.
