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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir James Dalrymple v Hepburn. [1737] 1 Elchies 442 (4 February 1757) URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies010442-003a.html Cite as: [1737] 1 Elchies 442 |
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[1737] 1 Elchies 442
Subject_1 TACK.
Sir James Dalrymple
v.
Hepburn
1757 ,Feb. 4 .
Case No.No. 3a.
Click here to view a pdf copy of this documet : PDF Copy
The Lords altered the Ordinary's interlocutor, and found the obligement to renew the tack effectual against Sir James, a singular successor, for they considered such an
obligement in the same light as a tack per verba de presenti, but collatam in tempus futurum, and it was an usual form of tacks of teinds for many lives, and many 19 years, to conceive them as if they were so many different tacks, one commencing at the ish of the former, yet being all in codem corpore juris, they have been considered and sustained as if they were all but one tack, 21st December 1736. 26th January 1737, The Lords altered the interlocutor 21st December, and found the obligement not binding on singular successors; and 4th February adhered with answers.
The electronic version of the text was provided by the Scottish Council of Law Reporting
