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Scottish Court of Session Decisions >>
The Countess of Kincarden v Cornwall of Bonhard. [1694] 4 Brn 147 (8 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040147-0333.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Countess of Kincarden v. Cornwall of Bonhard
Date: 8 February 1694
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Phesdo reported the Countess of Kincarden against Cornwall of Bonhard, for repairing the salt-pans now set to John Marjoribanks, he and his father having left them ruinous. Alleged,—He could not answer hoc ordine, being cited incidenter. The Lords found, in such cases, where there was periculum in mora, and that the rent would perish, they ought to answer summarily, and not abide the course of the roll and the other induciœ legales.
