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Scottish Court of Session Decisions >>
Lord Lee v Porteous. [1666] 2 Brn 424 (12 February 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Brn020424-0704.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Lord Lee v. Porteous
Date: 12 February 1666
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My Lord Lee having bought the lands of Symonton, with the burden of some wadsets, in the which wadsets it is provided that after redemption the wadsetter should have a five years tack of the land for payment of a small duty, far within the rent of the money; and my Lord, having redeemed the wadset to which five years tack is subjoined, did raise a reduction on the old act of Parliament made in King James II.'s Parl. 6. cap. 19. declaring all tacks set for half mail or nearly, not obliging. Against this alleged, That that act was totally in desuetude, and tacks subjoined to wadsets have constantly been reputed valid notwithstanding that act of Parliament. Answer, Though persons have bruiked tacks without controlment past memory of man, yet the act of Parliament standing unrepealed, and it never having been questioned if sic tacks were valid or not; unless it were alleged, That by former decisions in foro contradictorio tacks of this kind were sustained, there is no reason why the act of Parliament should not be kept, considering the equity and justice of it.
The Lords reduced the tack and revived the force of that old act of Parliament. Which was well decided.
