Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk of Session, One of The Reporters For The Faculty.
Subject_2 MASTER AND TENANT.

Murray
v.
Torrie

Date: 27 November 1776

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In a tack for a small piece of ground near Aberdeen, set by Murray to Miln, his heirs or assignees, for 999 years, it was inter alia stipulated, “ That the person succeeding to Miln, either as heir or assignee, should be obliged, within three months after his entry, to grant an obligation to the leaser and his heirs, for implementing the haill articles of the tack.”

This tack, having passed through other hands, was purchased by Torrie, who refused to grant the above obligation, alleging that it related only to the immediate heir or assignee of Miln,—but no further ; and that the demand was wanton and unnecessary.

In a pursuit before the Sheriff of Aberdeen, decreet went against Torrie; and in a suspension, Lord Monboddo, Ordinary, 2d July 1776, found the letters orderly proceeded, and gave expenses; and this day the Lords adhered. They thought the clause extended to all heirs or assignees during the currency of the tack. Lord Covington demurred, and quoted a decision, Lady Sinclair of Castlehill against Sir James Stewart, June 1732, where, in a feu-right, a superior having bound himself to receive the assignees or singular successors of the vassal gratuitously, or for a small sum, it was found, that, unless the words were very express, they extended only to the first successor.

See case of the Town of Inverness against Duff, &c. 4, New Coll., p. 329.