Rent being paid to a Factor, whether the Landlord's consent is presumed, so as to infer his passing from Irritancies, &c.
Earl of Cassillis v. His Tenants
Date: 8 February 1627 Case No. No 275.
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In a removing of the Earl of Cassillis against his Tenants, alleged by them, That since the warning, they had made payment of some customs and services to the Earl's factors and chamberlains, which were applied to his use. Found not relevant, unless it had been by his knowledge, command, or allowance.
Sicklike in a spuilzie of teinds, payment of any part of them at direction of the chamberlain, not relevant to purge the spuilzie, inhibition once being served.
Fol. Dic. v. 2. p. 159. Spottiswood, (Removing.) p. 279.
*** A similar decision was pronounced 5th March 1629, Lord Lee against Kirkwood, No 26. p. 7195, voce Irritancy.
