Scottish Court of Session Decisions

Subject_1 REMOVING.
Subject_2 SECT. VII.

Act of Sederunt, 14th December 1756.

Carruthers
v.
M'Garroch

Date: 19 January 1780
Case No. No 110.

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Found, that although full payment of all arrears before decree is a good defence against a removing on the act of sederunt, yet the landlord is not bound to accept of partial payments.

In the same case, found, that debts of the landlord, or even public burdens affecting the farm, paid by the tenant without authority, will not be brought in computo to diminish the year's rent due by this tenant. See Appendix. See No 114. p. 13873.

Fol. Dic. v. 4. p. 225.