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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Pollock v The Heritors of Killalan. [1740] 1 Elchies 433 (19 November 1740) URL: http://www.bailii.org/scot/cases/ScotCS/1740/Elchies010433-003.html Cite as: [1740] 1 Elchies 433 |
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[1740] 1 Elchies 433
Subject_1 STIPEND.
Pollock
v.
The Heritors of Killalan
1740 ,Nov .19 .
Case No.No. 3.
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The rule of modifying stipends is, that the minimum must amount to so many chalders victual and 100 merks as make eight in number, not valuing the victual but counting the number of chalders; therefore the pursuer who had five chalders and a half and L.112, was found entitled to an augmentation though the victual was worth L.100 the chalder, and the Lords thought that at that conversion it was a competent stipend. This was brought over again 24th June 1741, when the proof was concluded, the former interlocutor having repelled the defence only in hoc statu; yet it still carried as formerly to give an augmentation in money to make up 300 merks, which with the five chalders made eight
The electronic version of the text was provided by the Scottish Council of Law Reporting
