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Scottish Court of Session Decisions >>
Heritors of the Parish of Calder v The College of Glasgow. [1739] Mor 15657 (18 July 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor3615657-059.html Cite as:
[1739] Mor 15657
Heritors of the Parish of Calder v. The College of Glasgow
Date: 18 July 1739 Case No. No. 59.
Extraordinary improvements.
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Where a loch was drained, at a great expense, and the soil reduced to arable land, the same was, in an action of valuation before the Lords, as Commissioners for Plantation of Kirks, &c. found not liable to teind; and that not only while the subject remained with the original drainer by personal exception till he should be repaid his expence, but that the exception was competent to the singular successor for ever; for that wherever a rent arises by an extraordinary improvement, so far the titular has no claim thereto.
