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Scottish Court of Session Decisions >>
Alexander Boyd v Robert Boyd. [1563] Mor 6420 (8 January 1563)
URL: http://www.bailii.org/scot/cases/ScotCS/1563/Mor1506420-018.html Cite as:
[1563] Mor 6420
Subject_1 IMPLIED DISCHARGE and RENUNCIATION. Subject_2 SECT. IV.
Removing, how past from.
Alexander Boyd v. Robert Boyd
Date: 8 January 1563 Case No. No 18.
Service or good deed received from the tenant, stops the warning.
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Warning beand made to ony tenent or occupiar of lands, quha of befoir was in possessioun of the saidis landis, and in use of payment, and doing of certane dewties and service thairfoir, efter the tenour of his tak and assedatioun; gif the maker of the warning, efter the making thairof, acceptis fra the tenent ony part of the said service, ariage, cariage, or uther dew service, the doing and acceptatioun thairof makis the tenent unremovabill for that zeir: Bot gif the tenent bruik and joise the saidis landis be virtue of ony tak or assedatioun, and he do his master ony service or dewtie quhilk is not contenit in the said tak and assedatioun, the doing and acceptatioun thairof is not helpful to the tenent, nor hurtful to the master; because the tenent was not oblist to do the samin.
Fol. Dic. v. 1. p. 432. Balfour, (Removing.) No 130. p. 462.
