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Scottish Court of Session Decisions >>
Home v Home. [1583] Mor 15249 (00 July 1583)
URL: http://www.bailii.org/scot/cases/ScotCS/1583/Mor3515249-125.html Cite as:
[1583] Mor 15249
He who is rentalled a tacksman, or kindly tenant, in the King's property, has power to warn an remove, altho' it be not expressed in the rental.
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William Home of Prenderguest, having obtained a rental of five years tack of certain lands of the K.Highness's property, warned one Patrick Home, and certain others, possessors, to flit and remove from the same. It was answered, That the tack gave him no sufficient title, because it was not expressed in the same, that he had power to in-put and out-put tenants. To the which it was answered, That he libelled the promise to be kindly to him, and his predecessors had been in the peaceable possession of the labouring and occupying of the same. The Lords repelled the exception, and found, That the King's rental in tack was sufficient in itself to warn by, and give action to remove tenants, and the person obtainer of the same to be kindly possessor.
