Bygone rents unpaid, an inseparable burden on an assignment to a lease.
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A tacksman of lands assigned his lease to certain persons, as trustees for his creditors. These trustees having entered into the possession, were sued for payment of the rents of two years antecedent to the assignment in their favour.
The Lord Ordinary found, That by accepting the assignation the defenders had subjected themselves to payment of the arrears of rent then due.
A reclaiming petition being presented to the Court, it was held to be perfectly clear, that those arrears were a burden inseparable from the right to the lease; and therefore,
The petition was refused without answers.
Lord Ordinary, Alva.For Petitioners, Cullen.
Fol. Dic. v. 4. p. 328.
Fac. Coll. No. 155. p. 390.
