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Archibald Turner and James Pillans v Hunter. [1680] 3 Brn 367 (21 July 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030367-0492.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Archibald Turner and James Pillans v. Hunter
Date: 21 July 1680
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Mr Archibald Turner and Mr James Pillans having, as apprisers, set a tack of the lands of Eastcraig to one Hunter for payment of six chalders of victual yearly, they charge him for the tack-duty of the lands. He suspends on this reason, That Patrick Hepburn, his former master, did violently take his farms from him: which being a vis major beyond his power to resist, it must assoilyie him; it being no less than terror mortis, et Justus metus qui cadere potest in constantissimum virum, having threatened to kill him, and robbed his barn-yard.
Castlehill repelled this reason, seeing the tenant must be liable to those who set the tack to him: and if his master robbed his corns violently, he may either pursue a riot against him criminally, or pursue him civilly for a spuilyie, and recover them again with the violent profits. And having reported it to the Lords, they likewise repelled it as irrelevant.
This seems exceeding hard for poor tenants, whose rusticity and ignorance in apicibus juris is very excusable, there being no collusion betwixt him and his former master.
