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Drummond of Carlowie v Sir John Dalrympleand George Young. [1681] 3 Brn 388 (22 January 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030388-0537.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Drummond of Carlowie v. Sir John Dalrympleand George Young
Date: 22 January 1681
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See the prior part of this case, Dict, page 15,645.
In the cause, Sir John Dalrymple and George Young, his assignee, (16th Nov. 1680,) the Lords found,—in vicarage-teinds, such as calves, lambs, &c. where they are fewer than ten and above five, because a half lamb cannot be paid salva rei substantia, and without destruction of the animal,—that the value
of the half succedit loco rei as surrogatum, and is due. See the same decision, Haddington, 19 th Jan. 1611, Baillie.
Sir G. Lockhart contended it was downright nonsense, and contrary to law, to decern for the value, where ipsa corpora sine rei interitu could not be paid, and that nothing was due in that case at all.
Vol. I. Page 127.
See other reports of this case, Dictionary, page 15,275.
