[1581] Mor 6421
Subject_1 IMPLIED DISCHARGE and RENUNCIATION.
Subject_2 SECT. IV. Removing, how past from.
The Lord Gray
v.
His Tenents
1581 .March .
Case No.No 20.
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The Lord Gray warned a tenant to flit and remove from a piece land. It was answered by the tenant, that he ought not to remove, because the said Lord had an yearly consuetude or use within his barony to take a cuddich in meal and drink from every tenant, and now he had converted the same into a sum of money, and took six merks from each man therefor, according to use, and he had received from the defender six merks since the warning. It was answered, that his cuddich was no duty of the ground, but a thing done of benevolence. The Lords found the exception relevant, and that the taking of the cuddich stopped the said removing.
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