In what Cases must the Tenant find Caution for the Rent?
Earl of Murray v. John Hume
Date: 2 January 1667 Case No. No. 184.
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The Earl of Murray pursues Hume, his tenant, to find caution for his duties, or else to remove; who alleged, absolvitor, because the Earl was debtor to him in a sum exceeding all the bygone rents, and this action hath no place, but when there are some years rent resting. It was answered, That the defender was at the horn, and his escheat taken, and so was manifestly vergens ad inopiam.
The Lords would not sustain this member, unless bygones had been owing, but superseded to give answer till the compensation were proved.
