Heron, Esq
J a n u a ry 31. 17 6 7 .
M E M O R I A L #/
F O R 0
P a t r i c k H e r o n now o f Heron , Esq; A G A I N S T A dam M e n z ie s o f T ls ro
O
.
F this date, there was a tack entered into, and perfected between Patrick Heron of Heron, with consent of Patrick Heron then younger of Heron, his eldest son, and of the memorialist then youngest of Heron, his grandson, of the one part, and Am a d Menzies of Trolos s of the other part ; whereby the said Patrick Heron senior, with consent foresaid, set to the said Adam Menzies and his heirs and successors, with power and liberty to assign or subset to George and Alexander Menzies his brothers german, or either of them, and exprefly secluding all other assignies or subtenants whatsoever, all and haill the lands of Puldrabuie, Drigmorn and others, all ly ing within the parish of Monygaf f and stewartry of Kirk cudbright, for the space of 1 8 years after the entry, which is declared to have been upon the 26th May 1759; and of the other part,the said Adam Menzies obliged him, his heirs, execu tors and successors, to pay to the said Patrick Heron senior, his heirs or assignies, or factor having his commission, for the whole grounds thereby set, the sum of 119 l. 10 s. Sterling
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Sterling money of yearly rent, at two terms of the year, Whitsunday and M a rtin m s,by equal portions. The said Patrick Heron senior of that ilk, for certain proper causes and considerations, by his disposition, o f this • date, did give, grant and dispone, to and in favours o f the ‘ memorialist, his grandson, and his heirs, successors and assignies whatsoever, all and sundry lands and heritable estates and debts, and sums of money heritably secured, that did then belong to him, or that should belong to him at the time o f his decease, an d obliged himself, his heirs and successors, to execute in implement, formal, valid and ample dispositions o f the particular subjects thereby in ge neral conveyed, containing procuratories o f resignation, precepts of sasine, and all other clauses usual and proper, for effectually vesting the rights o f the particular subjects in the person of the memorialist, his said grandson, and his foresaids ; and declaring, that the memorialist his said grandson, in virtue of the said disposition, as well before, as after executing the particular dispositions in implement, should have full power to levy and intromit with the rents, profits and duties bygone resting unpaid, and that should become due in time coming, of the whole lands and estate in general conveyed, (except the lands and estate in the parishes of Kelton and Buttle,) and to set tacks of the same, and to use and exerce every other act and deed of proper ty relative thereto, that the said Patrick Heron senior, could do himse lf ; and declaring further, that the debts contracted, or to be contracted by the memorialist, his grandson, should validly assess and burden the estate in ge neral conveyed. In consequence of which disposition, the memorialist has been in the full possession o f the whole lands and estate which belonged to his grandfather, by levying the rents thereof, setting tacks of the same, and exercisin g other acts and deeds of property ; and, particularly, he has been
been in possession of the lands contained in the said tack, by uplifting the rents thereof, ever since the date of the foresaid disposition. And so it is, that the said Adam Menzies and his brothers, by the tack duties contained in the said tack, and their having other tacks from the memorialist , have run in a very great arrear, for which the memorialist has been in duced to take their bills, to the extent of upwards of 224 l. sterling, resting preceeding Martinmas 1765. In this situation, the memorialist does apprehend, that it is of great importance to him to have letters o f horning directed at his instance against the said Adam Menzies of Troloss, the only obligant in the foresaid tack, for payment o f the rents still refling unpaid. And in this view, the memorialist preferred a bill of horning, reciting the foresaid tack, and further reciting that he had right to the tack, lands, and tack duties therein contained, in virtue of the foresaid disposition, which is also recited in the bill of horning. And the Lord Haills Ordinary on the bills, by intelocutor of the 27th January current, Has appointed the memorialist to prepare a memorial, stating how far it is competent to apply for letters of horning against the said Adam Menzies, in the right of the before mentioned general disposition, and to put the memorial in the Lords boxes upon Saturday the 3 1 st, in order the Lord Ordinary may report the question to the Lords. And in obedience to the foresaid appointment, what follows is humbly submitted to the consideration o f the Lords. A tack being an heritable right, upon which no insestment follows, a general service, as heir to the proprietor o f the lands, or letter o f the tack, has been esteemed to carry
carry a right to the tack ; and it is humbly submitted, whe ther a general disposition ought not to have the same effect with a general service. More especially, considering that by the aforesaid disposition, the granter is specially obliged to grant particular dispositions in implement, and full and ample power is given to the memorialist to levy and intromit with the rents, profits and duties bygone and in time coming, of the whole lands generally conveyed, and whereof the lands contained in the said tack are a part, which does effectually convey a right to the tack duty. And this further consideration seems to be of weight, that the above mentioned disposition is not altogether ge neral, as it appears to be a special disposition to all lands and heritable estate which belonged to the memorialist's grandfather, excepting the lands in the parishes of K n elto and Buttle. In respectw hereof,& c. PAT. M U R R A Y
M E M O R I A L #/
F O R 0
P a t r i c k H e r o n now o f Heron , Esq; A G A I N S T A dam M e n z ie s o f T ls ro
O
.
F this date, there was a tack entered into, and perfected between Patrick Heron of Heron, with consent of Patrick Heron then younger of Heron, his eldest son, and of the memorialist then youngest of Heron, his grandson, of the one part, and Am a d Menzies of Trolos s of the other part ; whereby the said Patrick Heron senior, with consent foresaid, set to the said Adam Menzies and his heirs and successors, with power and liberty to assign or subset to George and Alexander Menzies his brothers german, or either of them, and exprefly secluding all other assignies or subtenants whatsoever, all and haill the lands of Puldrabuie, Drigmorn and others, all ly ing within the parish of Monygaf f and stewartry of Kirk cudbright, for the space of 1 8 years after the entry, which is declared to have been upon the 26th May 1759; and of the other part,the said Adam Menzies obliged him, his heirs, execu tors and successors, to pay to the said Patrick Heron senior, his heirs or assignies, or factor having his commission, for the whole grounds thereby set, the sum of 119 l. 10 s. Sterling
■»»
Sterling money of yearly rent, at two terms of the year, Whitsunday and M a rtin m s,by equal portions. The said Patrick Heron senior of that ilk, for certain proper causes and considerations, by his disposition, o f this • date, did give, grant and dispone, to and in favours o f the ‘ memorialist, his grandson, and his heirs, successors and assignies whatsoever, all and sundry lands and heritable estates and debts, and sums of money heritably secured, that did then belong to him, or that should belong to him at the time o f his decease, an d obliged himself, his heirs and successors, to execute in implement, formal, valid and ample dispositions o f the particular subjects thereby in ge neral conveyed, containing procuratories o f resignation, precepts of sasine, and all other clauses usual and proper, for effectually vesting the rights o f the particular subjects in the person of the memorialist, his said grandson, and his foresaids ; and declaring, that the memorialist his said grandson, in virtue of the said disposition, as well before, as after executing the particular dispositions in implement, should have full power to levy and intromit with the rents, profits and duties bygone resting unpaid, and that should become due in time coming, of the whole lands and estate in general conveyed, (except the lands and estate in the parishes of Kelton and Buttle,) and to set tacks of the same, and to use and exerce every other act and deed of proper ty relative thereto, that the said Patrick Heron senior, could do himse lf ; and declaring further, that the debts contracted, or to be contracted by the memorialist, his grandson, should validly assess and burden the estate in ge neral conveyed. In consequence of which disposition, the memorialist has been in the full possession o f the whole lands and estate which belonged to his grandfather, by levying the rents thereof, setting tacks of the same, and exercisin g other acts and deeds of property ; and, particularly, he has been
been in possession of the lands contained in the said tack, by uplifting the rents thereof, ever since the date of the foresaid disposition. And so it is, that the said Adam Menzies and his brothers, by the tack duties contained in the said tack, and their having other tacks from the memorialist , have run in a very great arrear, for which the memorialist has been in duced to take their bills, to the extent of upwards of 224 l. sterling, resting preceeding Martinmas 1765. In this situation, the memorialist does apprehend, that it is of great importance to him to have letters o f horning directed at his instance against the said Adam Menzies of Troloss, the only obligant in the foresaid tack, for payment o f the rents still refling unpaid. And in this view, the memorialist preferred a bill of horning, reciting the foresaid tack, and further reciting that he had right to the tack, lands, and tack duties therein contained, in virtue of the foresaid disposition, which is also recited in the bill of horning. And the Lord Haills Ordinary on the bills, by intelocutor of the 27th January current, Has appointed the memorialist to prepare a memorial, stating how far it is competent to apply for letters of horning against the said Adam Menzies, in the right of the before mentioned general disposition, and to put the memorial in the Lords boxes upon Saturday the 3 1 st, in order the Lord Ordinary may report the question to the Lords. And in obedience to the foresaid appointment, what follows is humbly submitted to the consideration o f the Lords. A tack being an heritable right, upon which no insestment follows, a general service, as heir to the proprietor o f the lands, or letter o f the tack, has been esteemed to carry
carry a right to the tack ; and it is humbly submitted, whe ther a general disposition ought not to have the same effect with a general service. More especially, considering that by the aforesaid disposition, the granter is specially obliged to grant particular dispositions in implement, and full and ample power is given to the memorialist to levy and intromit with the rents, profits and duties bygone and in time coming, of the whole lands generally conveyed, and whereof the lands contained in the said tack are a part, which does effectually convey a right to the tack duty. And this further consideration seems to be of weight, that the above mentioned disposition is not altogether ge neral, as it appears to be a special disposition to all lands and heritable estate which belonged to the memorialist's grandfather, excepting the lands in the parishes of K n elto and Buttle. In respectw hereof,& c. PAT. M U R R A Y
