Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By James Burnett,Lord Monoboddo .
Date: Cormack
v.
Copland
22 November 1754 Click here to view a pdf copy of this documet : PDF Copy
In this case the Lords seemed to be of opinion that an extraordinary removing of a tenant, that is, a removing without warning, upon his being two terms in arrear, and unable to find caution, or upon his being unable to plough or sow the farm, so that there is hazard of its lying waste, is not competent before the sheriff; because it is, in effect, a reduction of an heritable right, which is only competent before the Court of Session : and so it was decided in two cases, one in the year 1632 and the other in the year 1681. Dissent. Drummore, who thought that in many cases it might be exceedingly inconvenient if the sheriffs had no such power.
In the same case, it was the opinion of the Court that if a tack was set aside as null, for not being written on stamped paper, and if after that the tenant should delay to supply this defect till the master had set the tack to another, and then should get the paper stamped, and upon that ground attempt a reduction of the decreet setting aside the tack, he could, not be heard, because res non erit integra,—the tack being set to another, and the master not obliged to wait till the tenant should think fit to stamp his tack.
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