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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Colonel Balfour v Parishioners of Cardross. [1613] Mor 15211 (9 June 1613)
URL: http://www.bailii.org/scot/cases/ScotCS/1613/Mor3515211-073.html
Cite as: [1613] Mor 15211

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[1613] Mor 15211      

Subject_1 TACK.
Subject_2 SECT. IV.

In what Cases good against Singular Successors?

Colonel Balfour
v.
Parishioners of Cardross

Date: 9 June 1613
Case No. No. 73.

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He who was tacksman of teinds obtaining ane new tack, to enter at the expiring of the old, if by virtue of the new tack he continues his possession many years; and thereafter pursuing ane tenant for spuilzie, the defender quarrels his tack as conferred in tempus indebitum, because the setter died before the entry; the exception will be repelled as not competent to the proponer.

Haddington MS. No. 2506.

*** See Home against Home, 9th January, 1612, No. 15. p. 7940. voce Kirk Patrimony.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1613/Mor3515211-073.html