Scottish Court of Session Decisions

Subject_1 TACK.
Subject_2 SECT. II.

Rental Rights.

Duke of Lenox
v.
Houston

Date: 29 January 1628
Case No. No. 36.

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A rental, wherein the defender was received as kindly tenant to the Duke of Lenox and his heirs, in some acres of land, and also in the keeping of the house of Inchinnan, was sustained to defend against a removing from the house; though it was pleaded for the pursuer, That the rental could be no title to exclude the master from the use of his own house, and also, that the right to be keeper of a castle or house is a feudal right, which must be constituted by infeftment.

Fol. Dic. v. 2. p. 417. Durie.

***This case is No. 35. p. 7201. voce Irritancy.