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Scottish Court of Session Decisions >>
Dr Kincaid v Haliburton. [1625] Mor 13447 (2 July 1625)
URL: http://www.bailii.org/scot/cases/ScotCS/1625/Mor3113447-019.html Cite as:
[1625] Mor 13447
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Found, in redemptions of comprised lands, that the compriser's meddling with the farms and duties of the lands beyond the annualrent, ad hunc effectum to diminish the principal sum heritable, by way of reply, without declarator.
When it is alleged, that the compriser meddled with a part, and might have meddled with the hail, the Lords found it not relevant, in respect of the act of Parliament, which binds not the compriser with intromission, but if he pleases, and the same found relevant, it was offered to be proved, that he meddled with more than would pay his annualrent, and so ought to have meddled with the hail, not being impeded.
Kerse, MS. fol. 84.
*** Durie's report of this case is No 1. p. 314., voce Adjudication.
