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.

The Countess of Galloway
v.
Mackenzies

1778. February.

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In the same way, and upon the same principles, the Lords refused to sustain a tack set by the late Earl of Galloway of part of his lady's locality lands. The same being set ten years before the expiry of the old tack, upon a grassum paid of twenty guineas as was alleged, and a small rise of rent, Lord Galloway having died before expiry of the old tack; the Lords did not think this a proper or ordinary act of administration, or such as could exclude a wife from her locality; and therefore the Sheriff having decerned the tenants to remove, the Lords, 24th July 1777, refused a bill of suspension. The tenants reclaimed chiefly upon this ground, That Lady Galloway had homologated the tack by being present at the communings, receiving the grassum, and other circumstances. The petition was remitted to two Ordinaries in the vacation; who, 6th August 1777, granted commission for examining Lady Galloway upon oath on certain questions, tending to show her homologation of the tack. But, in the final result, upon advising her ladyship's oath, the Lords adhered, and refused the bill of suspension.