If an adjudger enter into possession of the lands adjudged, he becomes liable for the rent qua tenant, and he has no claim upon the debtor tho' he should be a loser by his possession.
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Two comprisers contending which of them should be answered of the money and tacks after the redemption of the lands comprised by them, (for the lands comprised were under reversion, and were redeemed, and the sum whereupon the same was redeemable, was found to come in place of the lands to them, who should be found to have best right by comprising), the first compriser being in possession of the lands before they were redeemed, and the second alleging, that the first comprising was extinct by intromission with the duties of the lands, which satisfied the first cornpriser's sum, which was referred to his oath, and he deponing that the first year of his entry to the lands, the same was waste, and he plenished the same, and reaped no profit at all of the land but was a loser of a part of his own stock by the evil season, and the neighbours' goods which did eat his corns and grass, and that he set the same thereafter far a yearly duty paid by his tenants, to whom he set the same therefor; the other compriser alleging, that the first year should be allowed according to the farm which he received, and for the which he set the lands the years thereafter, seeing it was but a casuality, to make gain or disadvantage to any, in the first year of his plenishing. The Lords would not allow any thing to the first compriser for the first year, wherein he declared that he was plenisher, and was a loser.
Act. Stuart & Cheap.Alt. Nicolson & Craig.Clerk, Scot.
Fol. Dic. v. 1. p. 236. Durie, p. 478.
