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Scottish Court of Session Decisions >>
Earl of Morton v Scot. [1580] Mor 15314 (00 June 1580)
URL: http://www.bailii.org/scot/cases/ScotCS/1580/Mor3515314-196.html Cite as:
[1580] Mor 15314
Tacit relocation not presumed where the tenant was not in the natural possession.
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The Earl of Morton obtained inhibition upon William Scot, burgess of Edinburgh, charging him to desist and cease from the teinds of K. and kirk-lands of the same, as presently having most right to the same. It was answered by Scot, That he had the kirk-lands in tack, and for payment of a sum pro indiviso, and he not being warned from the lands, and occupying them ex tacita relocatione, ought not to desist and cease except he had been warned. It was answered, That he could not allege tacitam relocationem, nor it was not relevant except he would allege possession. The which allegeance was found relevant by the Lords, and appeared to be conform to the warning of the common law, in lege, Qui ad certum, D. Locati, Nam verba legis sunt, cum dominus patitur colonum in fundo esse, quod pre-suppositur possidere. Nonnulli doctorum et advocatus doctissimus in contraria fuerunt opinione.
