Subject_1 JUS SUPERVENIENS AUCTORI ACCRESCIT SUCCESSORI. Subject_2 SECT. II.
Where the Author is not liable in Warrandice.
Arnot v. Tenants
1581.
June. Case No. No 8.
A ward vassal getting the gift of his own ward, must continue the tenants in possession even during the ward.
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Jean Arnot, and her daughter Spence, warned certain tenants to flit and remove from the lands of K, they having tack and assedation of the said lands of the L. of Glamis, to whom the lands pertained heritably. It was alleged for the Tenant, That they ought not to flit and remove, because the lands were fallen in ward, by reason the L. of Glamis is pupil and his lands warded; and during the time of the ward, the tacks were suspended, and so the pursuers had no title to warn them to flit and remove. It was answered, That albeit the lands were fallen in ward, yet nevertheless the ward being disponed to the said Lord, and he being the setter of the said tacks, behoved to warrant as many years' tacks after the out-running of the same the time of the ward, and so all being consolidated in his person, could not hurt the Tenants, quia quem de evictione tenet actio eundem ab agendo repellit exceptio. It was answered, That the consuetude and practique of Scotland was ay, that during the time of the ward, all tenants were removable, and their tacks ceased, et dominus hic inducit aliam personam, for he bruiked the lands aliter as wardatar regi, et aliter as Lord Glamis. The Lords, after long reasoning, repelled the allegeance of the defender, and remitted the summons and reply to probation, in repect of the ward disponed to the said Lord.
