In what Cases must the Tenant find Caution for the Rent?
Carnegy v. His Tenant
Date: 23 February 1622 Case No. No. 178.
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In an action pursued by Sir John Carnegy of Ethie against a tenant, who was farmer of some of his lands, without any tack or rental, to hear him decerned to find caution for payment of the farms owing to him of certain bygone years, and in time coming, during his occupation, or else to remove from the lands, so that the pursuer might enter thereto, without peril of ejection, conform to the order observed in such cases which are pursued against persons having tacks of lands; which cause being called, and the defender not compearing, the Clerk of the process advised with the Lords, if they would sustain the process against a farmer sicklike as they used to do against a tacksman. The Lords sustained the action, albeit the defender was a naked farmer, and therefore decerned in that case, albeit it was reasoned by some of the Lords, that this preparative tended to take away all actions of removing, and that thereby none would use a warning against their tenants.
Act. Aiton.Clerk, Gibson.
Fol. Dic. v. 2. p. 425. Durie, p. 13.
