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Alexander of Newton v Jackson. [1744] Mor 15306 (24 July 1744)
URL: http://www.bailii.org/scot/cases/ScotCS/1744/Mor3515306-189.html Cite as:
[1744] Mor 15306
In what Cases must the Tenant find Caution for the Rent?
Alexander of Newton v. Jackson
Date: 24 July 1744 Case No. No. 189.
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Where a year's rent is due preceding the citation, or even at litiscontestation, it is competent for the master to insist that the tenant pay by-gones, and find caution in time coming, or remove; but where two years rents are owing, it is an irritancy of the tack, and competent for the master to declare the same void. Though even in that case, where there is no conventional irritancy, the Lords are in use to supersede extract till a time certain, between and which, if the tenant give bond, with a sufficient cautioner, to pay the by-gones at a term, with annual-rent thereafter till payment, and for payment of subsequent crops, &c. in that case, they stop extracting the decree; and they did so in this case.
