An heritor found liable to the titular for teinds, because he had let the stock and teind promiscuously to a tenant, and received rent therefor.
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In a spuilzie betwixt John Inglis and Kirkwood, the Lords found, That the pursuer having right to the teinds, he had competent action for the true avail and worth of the teinds (for the pursuer restricted his action of spuilzie to wrongous intromission) against the master and heritor of the ground, who had let the lands to tenants, for payment of a certain yearly duty promiscuously, for stock and teind to himself; and that, by letting of the same to the tenants, the foresaid action was also competent against the master, as against the tenant, or the actual intromitter with the corns, stock, and teind-sheaves, which grew upon the said lands; neither was the said action found to be only competent against the intromitters with the corns, as the defender alleged; which allegeance was repelled.
Act. Nicolson.Alt. Foulis.Clerk, Gibson.
Fol. Dic. v. 2. p. 437. Durie, p. 291.
