Citation in Processes of Mails and Duties and Removings.
La Nithisdale v. Her Tenants
Date: 22 March 1627 Case No. No 91.
A defender in a removing founded upon a tack from a rentaller who was not warned. The pursuer replied upon conditions in the rental by which it would appear to be expired. The Lords found no process till the rentaller was called.
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In a removing by the Lady Nithisdale against her Tenants, one Pollock alleged, that he was tenant to another who had a rental of the lands set during the lady's lifetime, and during the receiver's lifetime, who were both in life; and he who was rentaller not being warned, and who was his master, no process therefore ought to be granted against the excipient; and the pursuer replying, that, by the express condition of the rental, it was provided, that if the rentaller should put another in possession of the land, hoc ipso the rental should expire; and so seeing the excipient confessed his possession as tenant to the rentaller, the said rental could not furnish any exception; The Lords, notwithstanding of the reply, found no process, while the rentaller were called and warned, that he might dispute upon the force of his own rental, which could not be taken away except himself were called.
Act. Douglas.Alt. ——.Clerk, Hay.
Fol. Dic. v. 1. p. 140. Durie, p. 293.
