Lord Reay v. James Anderson and Others

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.