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Scottish Court of Session Decisions >>
Douglas v Idington. [1628] Mor 13892 (28 February 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor3213892-132.html Cite as:
[1628] Mor 13892
In ordinary removings, the defender is bound to find caution for violent profits, but not in extraordinary removings, unless so stipulated.
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In a suspension, Douglas contra Idington, of charges upon a decreet, finding a back-tack contained in a contract of wadset of the lands of Clettie to be expired, and that Idington had good right to enter to the possession of the lands, whereupon Douglas being charged to remove, he suspends upon obedience, that he has already removed, and is content that the charger enter without danger of ejection, or any other action; and the charger alleging, That he ought to find caution to desist under a pain, as is usual in ordinary actions of removing;—the Lords found no necessity to find caution, and that the suspender could not be compelled thereto, seeing this was not an ordinary action of removing, but proceeded upon a contract, which the party had satisfied, by this offer of obedience, without danger to the charger to enter, and that in the contract he had not taken the party obliged to find caution for his removing.
Clerk, Hay.
Fol. Dic. v. 2. p. 339. Durie, p. 351.
