Lockhart of Carnwath v. Ogston and his Sub-tenants
Date: 18 January 1745 Case No. No 50.
Process of removing ought not to be sustained, unless the principal tenant is called.
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Mr Lockhart of Carnwath having set to James Ogston, writer in Edinburgh, a part of the lands of Walston, with power to him to subset the same with the consent of the heritor, obtained a decreet of removing against the Sub-tenants before the Sheriff of Lanerk, of which a bill of suspension was presented, on this, amongst other reasons, That the principal tacksman was not called; the Lord Ordinary “refused the bill;” and a reclaiming petition being presented,
“The Lords were of opinion, the Sub-tenants could not be removed, unless their author were called; and therefore remitted to the Ordinary to pass the bill.”
Act. Lockhart.Alt. Haldane.Clerk, Gibson.
Fol. Dic. v. 4. p. 222. D. Falconer, v. 1. p. 77.
