Scottish Court of Session Decisions

Subject_1 CITATION.
Subject_2 SECT. XXI.

Citation in Processes of Mails and Duties and Removings.

Agnew
v.
Tenants of Dronlaw

Date: 30 June 1669
Case No. No 103.

In a process of removing, it was sustained as absolvitor to the tenants, that the life-renter, whose tenants they were, had not been warned or called, she being alive at the time of the warning, though dying before the term.

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Agnew having apprised the lands of Dronlaw from Mr Robert Hay, advocate, as cautioner for the Earl of Buchan, to the behoof of the Earl of Kinghorn, pursues the tenants for removing, who alleged absolvitor, because the tenants were tenants by payment of mail and duty to the liferenter, Mr Robert Hay's mother, and she is not warned nor called. The pursuer answered, That the liferenter died before the term, and that he was content that the tenants should be decerned to remove but at the next term of Whitsunday.

Yet the Lords sustained the defence, seeing the liferenter was living the time of the warning.

Fol. Dic. v. 1. p. 140. Stair, v. 1. p. 628.