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.
Documents in this case (2)
People involved
- Eric Mackay, Lord Reay — Pursuer
- James Anderson — Defender
- Thomas Arbuthnot — Defender
- James Arbuthnot — Defender
- William Craig, Lord Craig — Lord Ordinary
- J.F. Gordon, W.S. — Agent
- J. Tait Jr., W.S. — Agent
- P. Clerk — Clerk
- Thomas Walker Baird — Advocate for Defender
- Robert Blair, of Avontoun, Lord Avontoun — Advocate for Defender
- Hugh Mackay — Named in case documents
- George Mackay — Named in case documents
- Alexander Mackay — Named in case documents
- Hugh Mackay, Lord Reay — Named in case documents
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.
