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Scottish Court of Session Decisions >>
L. of Pitsligo v Philorth, Fraser, and Stewart. [1611] Mor 6425 (22 January 1611)
URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor1506425-027.html Cite as:
[1611] Mor 6425
Subject_1 IMPLIED DISCHARGE and RENUNCIATION. Subject_2 SECT. V.
Accepting a Tack, Whether it implies Renunciation of the Property; Whether it implies Renunciation of a former Tack.
L of Pitsligo v. Philorth, Fraser, and Stewart
Date: 22 January 1611 Case No. No 27.
Found in conformity with Cunningham against Cook, No 27. p. 6425.
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A tacksman not having apprehended possession of the lands contained in his tack, before the same lands be annailzied heritably to another party, the tacksman may not defend himself in a removing against the conquisher of the lands by that tack; and possession apprehended after the pursuer's infeftment, especially if the pursuer allege possession in his own person or his author's, to whom he got back-tack during the non-redemption, in which case the heritor will be preferred in probation.
