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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> York-Buildings Company'S Tacksman, Bartlett, v Stewart. [1742] 1 Elchies 443 (1 December 1742) URL: http://www.bailii.org/scot/cases/ScotCS/1742/Elchies010443-007.html |
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Subject_1 TACK.
York-Buildings Company'S Tacksman, Bartlett,
v.
Stewart
1742 ,Dec. 1 .
Case No.No. 7.
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As to the general question, Whether horning is necessary against a tacksman not in the natural possession but possessing by sub-tenants? vide my notes on this case. But the question before us turned upon the communing betwixt Stewart and the York-Buildings Company, Whether that was sufficient intimation? The Lords adhered to the Odinarys interlocutor as to crop 1740, and found him only liable for the tack-duty of that crop, but found him liable for the whole rents 1741, though no intimation or warning was made to him before that term, which to me seemed odd. Arniston in the chair gave his opinion in terms of the interlocutor, but seemed afterwards to doubt upon the reasoning.—13th January 1743, Adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting