Scottish Court of Session Decisions

Subject_1 JURISDICTION.
Subject_2 DIVISION IV.

Jurisdiction of the Court of Session.
Subject_3 SECT. III.

Actions peculiar to the Court of Session.

Bethun of Blebo
v.
His Tenants

Date: 15 December 1681
Case No. No 120.

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The Lords of Session found to be the only judges competent in removings by the remedium extraordinarium, against tacksmen who have years of their tack to run, and are in arrear a full year's rent, viz. that they should either find caution for bygones and in time coming, or else remove, notwithstanding of the hypothecation; and that sheriffs are not competent to judge in such removings, though they be competent to cognosce ordinary removings where there is no standing tack, as is provided by the act 39. Parl. 6. Queen Mary.

Fol. Dic. v. 1. p. 497. Harcarse, (Spuilzie.) NO 855. p. 243.

*** See P. Falconer's and Sir P. Home's reports of this case, No 21. p. 7307.