Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

George Heriot
v.
Captain Baird

Date: 29 November 1681

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A ten years' tack being registrat in July 1681, and the tacksman being charged for the rent 1680, and a caption got out in September 1681; the tacksman, while under caption, gave a disposition of his whole corns, goods and gear, for the rests of the crop 1680, and also for payment of the rent 1681, though the term of payment was not come, and containing an obligement to find caution for the rents of all years during the tack, although the tack contained no such obligement. This disposition being questioned as to the two last obligements as done ex vi et metu, when he was under caption, and that this obligement was not the ground of the caption, but only the rent 1680;—the Lords reduced the disposition as to these obligements, ex capite vis et metus.

Page 54, No. 228.