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Scottish Court of Session Decisions >>
Campbell v M'Alister. [1777] Mor 7252 (16 January 1777)
URL: http://www.bailii.org/scot/cases/ScotCS/1777/Mor1707252-072.html Cite as:
[1777] Mor 7252
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In a suspension of a decree of removing, on act of sederunt 1756, against a tenant, the suspender urged, That, immediately after the summons of removing had been executed, he had consigned the rents due; and that, nevertheless, the agent for the charger had proceeded in his process, and obtained decreet, and used a symbolical ejection of the suspender from the farm; of which, however, he continued in possession. The Lords were of opinion, that all irritancies of this nature are purgeable at the bar, and that though decree had passed in absence, and had been extracted, it would be hard, on that account, to subject the tenant to so heavy a penalty; and that, moreover, in the present case, the tenant's consignation ought to be held equivalent to a timely purging of the irritancy; therefore, they suspended the letters.—See Appendix.
