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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Campbell of Craigie v Robert Siller. [1785] Hailes 978 (22 July 1785)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 SEQUESTRATION - TACK.
Subject_3 A lease having been granted of lands which were Sequestrated after its date, but before the term of entry, the lessee found entitled to require possession in implement of the contract.
Date: William Campbell of Craigie
v.
Robert Siller
22 July 1785 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, IX. 372; Dictionary, 15,223.]
Justice-Clerk. I should be sorry if it were law, that one under diligence should have it in his power to prorogate a tack for 99 years, which is a term nearly equal to a perpetuity. The factor ought to have come to the Court and asked advice. We must determine now as we should have advised then. We certainly would not have allowed the factor to put the tenant in possession, nor can we allow the tenant to remain in possession.
On the 22d July 1785, “The Lords sustained the reasons of reduction;” altering the interlocutor of Lord Braxfield.
Act. R. Blair. Alt. W. Miller. N.B. This judgment afterwards altered.
The electronic version of the text was provided by the Scottish Council of Law Reporting