Date of Decision: 21 Apr 1807
Abstract: A lease was granted to tenant and his heirs, secluding assignees and subtenants, for 21 years. The tenant died two years thereafter in considerable debt; and the question was, Whether certain transactions gone into with the heir, by which the latter entered into possession cum benefico inventarii, giving the creditors the benefit thereof, was not a covered assignation, and the tenant had thereby incurred an irritancy of the lease? The heir, pending the action, entered into an agreement with the creditors, whereby the latter discharged there claims, and transferred the stock for a certain sum; Went to the House of Lords; Held that there was no ground for removal, and the defenders assoilized (Freed from guilt). Affirmed in the House of Lords.
Subjects: Landlord and tenant, Lease, Secluding Assignes and Subtenants, Irritancy and Removing, Irritancy and Removing, Landlord and tenant, Lease, Secluding Assignes and Subtenants

Published Report

Scots Revised Reports, House of Lords Series, 2:169

Litigants

People or Organizations Associated with Case

Agent:
A. Young, W.S.
Advocate for Defender:
David Cathcart
John Clerk
Named in case documents:
Hugh McHutchon
Advocate for Pursuer:
Charles Hay

Case Locations (People)

Case Locations (Case)