Warning, in what Cases necessary. - How to be executed.
- v. Dunbar
1582.
February, Case No. No 52.
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David Dunbar, son to the umquhile Guidman of Kilberche, was warned by —— to flit and remove himself, and his goods and gear, from the dwelling house of Kilberche. He answered, That he ought to have been lawfully warned forty days before the time, according to the act of Parliament. To Which it was answered, That in so far as he was in possession only but tutorio nomine, that there mistered no other warning; for, if the pupil would start at his own hand, he could have no action against him; which allegeance was Found relevant by the Lords.
