Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

The Laird of Hapland
v.
The Tenants of Halket

Date: 16 December 1636

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The Laird of Hapland, heritor of the seventh part of the lands of Halket, bruiked by the tenant pro indiviso, with the other six parts pertaining heritably to the Laird of Robertland, pursues the tenants to pay him such yearly duties and interest pro rata, for his seventh part, as they had paid to Robertland for his other six parts, and to take from him the like tacks or rentals, seeing they bruiked the whole pro indiviso. To the which it was answered for the tenants, That the conclusion of the summons could not be sustained against them; because they bruiked the whole pro indiviso; and, while the lands be divided, they cannot be compelled by law to take new tacks from Hapland, or pay any greater duty or interest to him nor they were in use to pay before. To the which it was replied, That, seeing they labour his seventh part, pro indiviso, with the rest, they ought to pay to him the like duty and interest, pro rata, as they pay for the other six parts, and to take such tacks or rentals for the like proportional interest as they have paid to Robertland; or otherwise his lands might be made unprofitable to him. The Lords repelled the exception, and sustained the conclusion of the summons.

2d MS. Page 137.