State in which the person who removes is bound to leave the property.
Greenlaw v. Adamson
Date: 30 January 1624 Case No. No 127.
The person decerned to remove, must deliver up the possession void of any occupier.
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In an action of suspension of a decreet of removing betwixt Greenlaw and Adamson, the Lords found, That the decreet of removing was not satisfied and fulfilled by any instrument of obedience, bearing, that the party against whom the sentence of removing was obtained, had removed himself, and his family, from the lands decerned, except that he had also really delivered to the obtainer of the sentence vacuam possessionem; for the party decerned, his own removing, and colluding with another, Who entered to the land, at the instant time of his removing, was not effectual obedience, but elusory; neither was it necessary, that the obtainer of the sentence should be put to seek action of intrusion or succeeding in the vice against him who entered to the land at the removing of the other, seeing the Lords found, That the party decerned ought to deliver the possession of the said houses, void of any occupier and possessor thereof.
Act. Cunningham.Alt. Nicolson.Clerk, Gibson.
Fol. Dic. v. 2. p. 339. Durie, p. 103.
