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Scottish Court of Session Decisions >>
M'Morran v Black. [1624] Mor 16830 (23 January 1624)
URL: http://www.bailii.org/scot/cases/ScotCS/1624/Mor3816830-041.html Cite as:
[1624] Mor 16830
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Black being obliged to pay yearly a certain duty to M'Morran of Glaspen, conform to a tack passed by way of contract betwixt them thereanent, and the said Black, tacksman, being pursued for payment thereof; the Lords found the tack sufficient to bind the tacksman, albeit it was quarrelled by him as null, because it was a matter of great importance, which, although it was subscribed by two notaries for him, yet ought to be considered, as if it were subscribed only by one (quo casu it would have been null) seeing the same was not subscribed by the two notaries at one time, as it ought, if it had been lawfully done, but at divers times, viz. by the one notary, and before his witnesses at one time; and by the other notary, and before divers witnesses, others than the first, upon another day thereafter; which allegeance, after the Lords inclined to sustain the same, was repelled, because the pursuer replied, and offered to prove, that the tacksmen had entered by virtue of the tack, to the possession of the lands contained in the tack, which he proved by instrument, and in respect thereof the tack was sustained.
