Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 REMOVING.

Carlyle, Factor on Kilhead,
v.
Lowther

Date: 27 February 1766

Click here to view a pdf copy of this documet : PDF Copy

As a factor on a sequestrated estate ought to have all the powers of a proprietor infeft, in order to enable him to manage it to the best advantage, the Lords found that he had power to remove tenants even possessing upon tacks set by the former proprietor; 11 New Coll., 41. They were of the same opinion, Carlyle, Factor on the Estate of Kilhead, against Lowther. In this case it was allowed that the Court could authorise a factor to remove tenants; but it was contended that it required a special power and instruction from the Court,—and did not fall under the expression “usual powers.”