Scottish Court of Session Decisions

Subject_1 REMOVING.
Subject_2 SECT. I.

Who entitled to pursue a Removing.

Sandilands
v.
Carmichael

Date: 13 June 1542
Case No. No 1.

A principal tenant may remove his sub-tenant by his own precept.

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In a cause, moved by amicable way, before the Lords, by John Sandilands against Gavin Carmichael, anent all things that any of the said parties had to lay against other, the said John alleged he was violently put forth by the said Gavin, of his mailing of———. The said Gavin alleged, That he was orderly removed therefrom, by the said Gavin's precept, who was tacksman of the lands to the Master of Eglinton and his Lady, and he was in possession thereof, and the said John paid him the mails thereof for certain years bypast. The Lords decerned, that because the said Gavin was principal tacksman of these lands, and in possession thereof, that he might warn, remove, and eject orderly, as use is, the said John, his sub-tenant; albeit a tenant or tacksman may not do the same, till he get interest or possession of his mailing and tacks; and so the said Gavin was assoilzied from the alleged violent and wrongous ejection of the said John, forth of his mailing foresaid.

Fol. Dic. v. 2. p. 335. Sinclair, MS. p. 32.