Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION. X

Mandate when presumed.
Subject_3 SECT. IV.

Rent being paid to a Factor, whether the Landlord's consent is presumed, so as to infer his passing from Irritancies, &c.

A
v.
B

1582. January.
Case No. No 273.

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There was a person called A. B. warned to flit and remove from certain lands. It was alleged, That he ought not to flit and remove, because the pursuer's wife had, since warning, received certain duties of the lands, she being in continual use, in times bygone, of receiving the same. To which it was answered, That the same was not relevant, except it were alleged, That it was done at the command of the husband, and that he had given his consent thereto tanquam caput et sine cujus consensu nihil potuit uxor facere. The Lords, notwithstanding of the reply, admitted the exception licet bona pars dominorum in contraria fuerunt opinione.

Fol. Dic. v. 2. p. 159. Colvil, MS. p. 349.