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Scottish Court of Session Decisions >>
Mudie v Tenants. [1586] Mor 13820 (00 July 1586)
URL: http://www.bailii.org/scot/cases/ScotCS/1586/Mor3213820-054.html Cite as:
[1586] Mor 13820
Warning, in what Cases necessary. - How to be executed.
Mudie v. Tenants
1586.
July. Case No. No 54.
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Mr George Mudie warned certain tenants to flit and remove. It was objected against the warning, That it was not made according to the act of Parliament, in so far as the said tenants were not warned at the ground of the lands, because the words of the act are, “personally, or at their dwelling-places, and at the ground of the lands et sic hæc posterior partieula at the ground of the lands,” copulative ponitur. The Lords found the warning not good, by reason it bore not warning at the ground of the lands.
Fol. Dic. v. 2. p. 337. Colvil, MS. p. 409.
*** See a similar case, No 68, p. 13829. where the ratio dubitandi was, the tenant had been personally warned; and it was pleaded, That the act is alternative, either personally or at their dwelling-place, and at the ground of the lands, which two last make but one member, and are only to be used in case the tenant be not personally warned; but it was answered. The leaving a copy on a forked stick thrust in the ground, as use is, was separately required and useful, for thereby the sub-tenants, who need not be warned personally, were acquainted to remove with their masters.
