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Scottish Court of Session Decisions >>
Ker of Littledean v Law. [1687] Mor 13395 (00 June 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Mor3113395-025.html Cite as:
[1687] Mor 13395
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In a declarator of recognition of ward-lands, which were wadset with a back-tack, for a sum under half the value; alleged for the defender, That till the back-tack be declared void, and brought to the case of a proper wadset, the back-tack duty only is to be considered as the burden. Answered, It is the vassal's contempt in disponing the whole lands, and not the value of the back-tack duty that infers recognition. The Lords repelled the defence.
Fol. Dic. v. 2. p. 314. Harcarse.
*** This case is No 40. p. 6437., voce Implied Discharge & Renunciation.
