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Scottish Court of Session Decisions >>
The Laird of Cockburn, &c. v Lord Sinclair. [1695] 4 Brn 239 (10 January 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040239-0544.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Laird of Cockburn, &c v. Lord Sinclair
Date: 10 January 1695
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On a petition given in by the Laird of Cockburn, and some of his creditors, against the Lord Sinclair, and answers; it came to be debated, Whether the tack, set by the factor to Coldraw, and which is now owned to be for Sir James Cockburn's behoof, be a valid and legal tack; seeing the Lords, by their act, had ordained Cockburn to be dispossessed of the house and parks, and that none would farm the estate so long as he and his family continued there, and that the factor had set for a year, whereas his commission expired shortly after his setting it. But some thought it better to set it than let it stand waste; and that it could not be esteemed a fraudulent tack, unless Lethindy, the factor, knew, at the time he set the tack, that Cockburn of Coldraw, the tacksman, was but an interposed person, and that it was for Sir James Cockburn's behoof.
The Lords, before answer, ordained the factor to depone anent his knowledge, and if it was told him that the tack was for Sir James's use. And the factor having acknowledged, upon oath, that he knew that the tack was for Sir James's behoof, and that Coldraw was only a confidant, the Lords declared the tack invalid and null; but, in respect of the season of the year, gave Sir James to the first of May to remove his family.
