Date of Decision: 5 Feb 1800
Abstract: The parties to this case disputed whether a tutor had the power to grant a lease, or "tack," extending beyond his time in office. Lieutenant General Alexander Mackay, the sole surviving tutor for Hugh, Lord Reay, granted such a lease to the defenders—James Anderson, Thomas Arbuthnot, and James Arbuthnot. The lease applied to many elements of the Reay estate, including all the lands of Rispond; numerous other lands and grazings; fishing rights on the coast and in the waters of Hope, Durness, and Laxford; and rights to seaweed on the shores of the estate. Hugh’s successor, Eric, Lord Reay, sought to have the lease set aside on the ground that a tutor may not grant a lease extending beyond his time in office. However, the defenders argued that the lease benefited the estate and that its lengthy term would facilitate significant investments to improve the property.
Subjects: Tutor - Curator - Pupil

Published Report

William Morison, The Decisions of the Court of Session (1811), 16385

People or Organizations Associated with Case

Advocate for Defender:
Thomas W. Baird
Robert Blair
Named in case documents:
Hugh Mackay, Tutor for Hugh, Lord Reay, predecessor in interest to Pursuer
George Mackay, Tutor for Hugh, Lord Reay, predecessor in interest to Pursuer
Alexander Mackay, Tutor for Hugh, Lord Reay, predecessor in interest to Pursuer
Hugh Mackay, Lord Reay, Predecessor in interest to Pursuer
Lord Ordinary:
William Craig, Lord Craig
Agent:
J.F. Gordon, W.S.
J. Tait Jr., W.S.
Clerk:
P. Clerk