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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Duchess of Lauderdale v Alexander Steill. [1687] 2 Brn 105 (00 February 1687) URL: http://www.bailii.org/scot/cases/ScotCS/1687/Brn020105-0280.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Duchess of Lauderdale
v.
Alexander Steill
1687 .February .Click here to view a pdf copy of this documet : PDF Copy
The Duchess of Lauderdale having pursued Alexander Steill to remove from the coal-grieve's house,—it was alleged for the defender, That he ought to [be found entitled to] so much, exceptione doli, as a barn or stable built by him were, or might be worth to the pursuer. Answered for the pursuer, The stable and barn inædificata solo alieno cedunt solo; especially the defender not being tacksman, but a grieve and servant, who might have been turned off at any time, as he now is, upon malversation. Replied, The coal-works required horses to draw the water, and consequently a stable to lodge them in, and a barn to thresh corns for them. Duplied, The defender furnished horses to the coal-works for his own gain, which the tenants of Diddistoun had been in use to do at 10d. per diem. And the pursuer is willing that the defender take down his stable and barn, as being of no use to her. The Lords appointed a visitation for trying what the building might be worth to the pursuer, and resolved to modify accordingly.
Page 241, No. 844.
The electronic version of the text was provided by the Scottish Council of Law Reporting
