A person proved to have known of the assignation of a lease, before he obtained a sub-tack, decerned to remove.
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Beatty having right by succession to a tack, suffered Croll, his brother-in-law, and who had been servant to his predecessor, to keep the natural possession, during which he assigned the tack to Bouack, to be entered on at the Whitsunday following; but, before the term he subset the lands to Croll, making the commencement of his subtack a term preceding the date.
Bouack warned Croll, and pursued a removing, in which it was pleaded, That the defender's right was first clad with possession.
On its being proved, that Croll knew of the assignation when he took the subtack:
The Lords, 11th June, ‘decerned in the removing.’
The Lords refused a bill, and adhered.
Act. W. Grant & Garden.Alt. Burnett.
Fol. Dic. v. 3. p. 93. D. Falconer, v. 1. No 263. p. 355.
*** See The same case, voce Tack, from Kilkerran, p. 534.
