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Scottish Court of Session Decisions >>
A. v B. [1583] Mor 11965 (00 November 1583)
URL: http://www.bailii.org/scot/cases/ScotCS/1583/Mor2811965-001.html Cite as:
[1583] Mor 11965
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There was one called A. B. that pursued another party for the cutting and destroying of certain corns growing upon the pursuer's ground; and also for the wrongous molestation of him in the said ground; and also concluded, in the self same libel, to hear and see the defender ordained to desist and cease from the violent occupation of the ground foresaid. It was alleged against the libel, Quod fuit irrelevans et ineptum in se in tanto quod concludebat both cutting and destroying of corns, and to desist and cease from occupation of the ground et sic fuit, inept a actionum cumulatio. To this was answered, That accumulation might stand well with the law quando ex eodem facto plura et diversa agenda jura competunt ut in presenti casu. Which was admitted by the Lords; and so the libel found relevant.
