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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Litsters of Edinburgh v The Litsters of the Canongate. [1686] 3 Brn 601 (1 December 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Brn030601-0920.html

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[1686] 3 Brn 601      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
Date: 1 December 1686

The Litsters of Edinburgh
v.
The Litsters of the Canongate


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The Litsters of Edinburgh being erected by the Town-Council of Edinburgh, with the Bonnet-makers, on a recommendation from the Parliament, in 1681, with the privilege of excluding all others not tried by them, within the Town's liberties; they pursue a reduction and declarator against the Litsters of the Canongate, that they have no right to work without their license.

Alleged,—The Edinburgh Litsters, pursuers, had no interest to crave production of their writs and rights from the Barons of Brughton, and other authors, they showing no right from them. Answered,—They derived right from the Parliament, where all Scotland was represented, and so might call for all their rights.

The Lords, on Saline's report, found the defenders obliged to produce all rights derived by them from the town of Edinburgh, the pursuers' immediate authors; but not their rights from the Barons of Brughton, except they produced the Town's right from the Ballendens of Brughton. See Stair, 24th November 1671, E. Sutherland, &c. how far one nobleman can force the production of another's patents, wherein he has no interest, but only claims precedency.

Vol. 1. Page 433.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1686/Brn030601-0920.html