Scottish Court of Session Decisions

Subject_1 COMPETENT.
Subject_2 SECT. XII.

Irritancy how Proponable.

Blair
v.
Brown

Date: 16 December 1671
Case No. No 54.

In a removing, the tenant pleading on a current tack, the landlord replied, three years rent were due. He was allowed to amend his libel to that effect.

Click here to view a pdf copy of this documet : PDF Copy

Blair pursues removing against his tenant, upon a warning, who excepts upon a tack standing. The pursuer replies, That there is more than three terms of the tack-duty resting, so that the defender must either remove, or find caution, and pay the bygones. It was answered, That this was not competent by way of reply, but required a special action.

The Lords would not sustain it by way of reply; but if the pursuer would add that member to the same libel, the Lords would sustain it without putting the pursuer to a new process.

Fol. Dic. v. 1. p. 174. Stair, v. 2. p. 26.