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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> David Murray v Drumelziare and Lord Yester. [1629] 1 Brn 286 (13 March 1629) URL: http://www.bailii.org/scot/cases/ScotCS/1629/Brn010286-0733.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: David Murray
v.
Drumelziare and Lord Yester
13 March 1629 Click here to view a pdf copy of this documet : PDF Copy
A Decreet, obtained against tenants for spulyiation of their teinds, who suffered great quantity above the avail to be obtained against them for their contumacy, not compearing to depone upon the quantity of the same, being referred to their oath; can infer no lawful distress whereupon their master, being tacksman, can crave warrandice against the letter of the tack, except the quantities had been otherwise proven; but the Lords permitted David Murray, pursuer, by the same summons, to prove the just quantity of the said teind verified, that, according thereto, he might pursue his warrandice: as was practised by the Laird of Old Farr [probably Oldbarr,] against—.—4th March 1629.
Page 250.
The electronic version of the text was provided by the Scottish Council of Law Reporting
