DECIDED IN

THE HOUSE OF LORDS,

ON APPEAL

FROM THE COURTS OF SCOTLAND,

1828, 1829.

REPORTED BY

JAMES WILSON AND PATRICK SHAW, ESQUIRES,

ADVOCATES.

VOLUME III.

WILLIAM BLACKWOOD, EDINBURGH;

T. CADELL, AND M. STEVENS AND SONS, BELL-YARD,
LINCOLN'S INN, LONDON.

MDCCCXXX.

THE LORD CHANCELLOR, AND EARLS ELDON AND LAUDERDALE, HAVE DONE THE REPORTERS THE HONOUR TO REVISE THEIR SPEECHES IN THIS VOLUME.

CASES

DECIDED IN THE HOUSE OF LORDS,

ON APPEAL FROM THE

COURTS OF SCOTLAND,

1828.

Colonel GORDON of Cluny, Appellant.-Wilson-Wright-Pyper. No. 1. JOHN ANDERSON, Respondent.-Keay—T. H. Miller.

Et e contra.

Tack-Clause.-A landlord having drawn up certain articles and conditions' for letting his estate, by which, inter alia, it was stipulated, that the whole fodder is 'to be used upon the ground, and none sold or carried away at any time, hay only 'excepted, and all the dung to be laid on the farm the last year of the lease;' and a tenant having taken a farm by a missive, binding himself to the conditions in another tenant's missive, which referred to these articles; and having also signed a draft of a tack referring to them—but the draft never having been extended, and he not having signed the articles themselves, but having possessed for the full endurance of the lease;-Held, 1. (affirming the judgment of the Court of Session), That the tenant was bound by the articles and conditions;' but, 2. (reversing the judgment), That, in conformity to the reversal in the case of Gordon against Robertson and others, 10th May 1826,* he was not entitled to carry away the fodder of the last year.

Feb. 15. 1828.

1ST DIVISION.

COLONEL GORDON'S father, Mr Gordon, succeeded in 1800 to the estate and barony of Slains in Aberdeenshire. In 1801 the whole barony fell out of lease. Previous to reletting the Lord Alloway. farms, Mr Gordon, with the view of introducing a new system of cultivation and management, drew up a set of articles and conditions, to be communicated to intending offerers. The document was entitled, Articles and Conditions laid down by

* 2. Wilson and Shaw, (1826-27), p. 115.

A