BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Foulis v - . [1626] Mor 13855 (8 July 1626)
URL: http://www.bailii.org/scot/cases/ScotCS/1626/Mor3213855-094.html Cite as:
[1626] Mor 13855
At whatever term the tack expire, the warning must be made forty days before the preceding term of Whitsunday.
Click here to view a pdf copy of this documet : PDF Copy
George Foulis having set a tack to a tenant in Ravelstone, of some of his lands there, for the space of 16 Crops after his entry, which by the tack was appointed to be in September, and to expire in September after the said space, makes warning before the Whitsunday in that year, wherein the tack was to expire at September after that Whitsunday, to the tenant to remove; and after the Whitsunday raiseth summons, and pursues the tacksman to be decerned to remove at the said month of September thereafter. The tenant compearing alleged, That the warning nor action of removing could not be sustained, being made before the time of the expiring of his tack, before the expiring whereof he could not have been warned; far less could action of removing have been intented against him, until his tack had been ended. The Lords found, that warning might have been made before Whitsunday, albeit the tack expired not till September thereafter; but that the defender could not be pursued to remove till the term of the endurance of the tack was run out, although the action and summons concluded not to remove before September was past, neither craved a present removing; but the Lords not the less sustained the warning made before the ish of the tack, to the effect, that after the ish he might seek his removing, and pursue the same; otherwise, if warning should not be made till the Whitsunday following after the tack, the pursuer might be prejudged of a year's profit of his land, and the defender might bruik the same a year longer than he had right, and yet not be subject in any other duty than his tack-duty, which were unequitable.
Act. Foulis.Alt. ———.Clerk, Gibson.
Fol. Dic. v. 2. p. 337. Durie, p. 211.
