Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Mr James Lauder v. One of the Tenants of Berfoot
Date: 15 December 1677
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Mr James Lauder, as factor constituted by the Lords of Session to uplift the rents of Berfoot for the behoof of the lady's creditors, having charged one of the tenants upon a decreet in absence; he suspended, Alleging,—By a tack, he was only liable in such a duty.
Answered,—That tack was only set to him by collusion, by David Boyd, seeking to intrude himself in possession; and it being with diminution of the former rent, and he only one creditor, he could not prejudge the rest.
Glendoick repelled the reason, in respect of the answer, and found the letters orderly proceeded against the said tenants, called Storie and Bairnsfather, for the old duty.
