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Scottish Court of Session Decisions >>
Ld. Culter v - . [1611] Mor 16559 (4 July 1611)
URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor3816559-007.html Cite as:
[1611] Mor 16559
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He who had a tack after the redemption of wadset-lands, being warned to remove by the Lady Culter from her terce, defending himself, that his tack was interrupted by the ward, which hindered him to possess divers years of his tack, for the which he must have as many now after the ward; the tercer replied, That her terce was not subject to the ward, and that the interruption of the ward cannot make her to acknowledge any years of the tack after the ward, and that the tacksman must pursue his warrandice against the heir of the redeemer. The Lords found, That if she had claimed her terce debito tempore, she would have got the third of the duty of the tack, and the tacksman would have bruiked the third part lands, and that his silence making him to be removed by the wardator, he behoved to have as many tacks as he wanted by the ward.
