MUNRO stated that the tenant had, at a previous term, demanded view, but that the demandant had not issued the writ, and now he renewed his motion, that the demandant sue out the writ of view, and cause view to be given by the first day of next term, or be nonsuited : and cited Booth, 40. to show, that though a view be granted at the instance of the tenant, the demandant is bound to sue it out.
Rule granted.