Found in conformity with Grant against Grant, No 31. p. 8036.
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Lindsay of Bomull pursues Denniston of Dalquharn upon contravention, for coming to the pursuer's land of Bomull, and entering in the house of one who was then actual tenant to the pursuer, dwelling upon the said lands of Bomull, and then taking out of the said tenant's house a cow, and breaking up of the tenant's chest, and taking out thereof, and away with him, three bolls oats, pertaining to the said tenant, which the pursuer libelled to be deeds of breach of lawburrows, seeing thereby the defender was bound, that the pursuer, his men, tenants, and servants, should be harmless at his hands, in their lands, bodies, goods, &c. The Lords found no process upon this contravention, upon this fact libelled, for taking away of the tenant's goods, albeit being within the house of the tenant, upon the pursuer's heritage, seeing the tenant was not pursuer, nor the action at his instance.
