In what Cases must the Tenant find Caution for the Rent?
Lawson v. Scot
Date: 27 February 1627 Case No. No. 179.
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In an action betwixt Lawson and Scot, to find caution for payment of four bolls victual and an half, which was the duty contained in a tack of lands set to the defender, or else to remove, as use is in such cases; the Lords sustained the action; albeit it was libelled, that the defender was only resting owing a year’s duty preceding the summons, and that it was not libelled that the ground was unplenished; so that although it was but a small yearly duty which was contained in the tack, and so alleged no necessity to find caution, and that only a year’s duty was owing; yet the Lords found, that either caution should be found to pay that duty yearly in time coming, or else that he ought to remove; for the tack-duty being little, it was the more easy to find caution.
Act. Mowat.Alt. Scot.Clerk, Gibson.
Fol. Dic. v. 2. p. 425. Durie, p. 283.
