Bisset v Whitson
| Jurisdiction | Scotland |
| Judgment Date | 27 July 1842 |
| Date | 27 July 1842 |
| Docket Number | No. 3 |
| Court | Court of Session (Inner House - Second Division) |
Lord Justice-Clerk.
Reparation—Warrant—Ejectment—Landlord and Tenant.—1.
JOHN BISSET, with his mother and brother, occupied a dwelling-house and small piece of ground on the lands of Parkhill, in Perthshire. He had entered about Martinmas 1827, and continued to pay a rent yearly at that term; but there was no written lease. Some time before Whitsunday 1840, Alexander Whitson, who had succeeded to the lands of Parkhill, intimated to Bisset that be must remove at Whitsunday. This Bisset refused to do, stating that his term was Martinmas. On 26th May 1840, Whitson presented to the baron-bailie of Blairgowrie, (who as such was a justice of peace for the county,) a petition, holograph of himself, praying for warrant to eject the Bissets. The bailie, on the assurance of Whitson that he would relieve him of all responsibility, subscribed the warrant of ejectment, which was also holograph of Whitson. He was subsequently, however, led to consider the warrant as illegal, and interfered to prevent its being executed. The messenger, whom Whitson had employed to carry the warrant into execution, declined to do so, regarding it as illegal. On the 27th May 1840, Whitson, accompanied by several of his labourers and others, went to Bisset's house, and, under his directions, the men proceeded to unroof the house, and throw the thatch down to the ground. While they were so employed, a messenger arrived with an interdict against the ejectment of the Bissets, which bad been granted by the Sheriff on the 27th of May. This interdict was served on Whitson, and, when he had red it, he desired the men to come down.
For reparation of the injury suffered through these proceedings, Bisset raised the present action against Whitson.
The defender pleaded that no damage was due; but offered £15 for a discharge of action.
The following issues were sent to trial:—
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‘1. Whether the pursuer was tenant of a dwelling-house and other premises at Countlaw, on the estate of Parkhill, the property of the defender, from the term of Martinmas 1839 to the term of Martinmas 1840? And whether the defender, on or about the 26th day of May 1840, wrongfully applied for and obtained the warrant, No. 23 of process, for ejecting the pursuer from the said dwelling-house and premises?
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‘2. Whether the defender wrongfully removed, or caused to be removed, the roof of the said dwelling-house, or otherwise injured the same and...
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