Legal Irritancy upon assigning or subsetting. - Rental Rights. - Whether Marriage be such an Assignation as to infer Irritancy?
L Cleghorn v. Crawfurd
Date: 31 January 1633 Case No. No 30.
Found in conformity with Ayton against Tenants, No 24. p. 7191.
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In a removing, the defender alleging, that she had a rental; the pursuer replying, That she had tint the same, in so far as she had set the lands therein to sub-tenants, which was against the nature of the rental, and made the same thereby to expire; The Lords sustained the exception, notwithstanding of this answer; for they found, that the in-putting of a sub-tenant to labour the land, was not of that force to make her tine her rental, where there was neither sub-tack, nor any other disposition or deed done by her in writ, alleged by the pursuer.
Act. Mowat.Alt. ——.Clerk, Gibson.
Fol. Dic. v. 1. p. 484. Durie, p. 667.
