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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Carlyle, Factor on Kilhead, v Lowther. [1766] 5 Brn 571 (27 February 1766) URL: http://www.bailii.org/scot/cases/ScotCS/1766/Brn050571-0657.html Cite as: [1766] 5 Brn 571 |
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[1766] 5 Brn 571
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 REMOVING.
Date: Carlyle, Factor on Kilhead,
v.
Lowther
27 February 1766 Click here to view a pdf copy of this documet : PDF Copy
As a factor on a sequestrated estate ought to have all the powers of a proprietor infeft, in order to enable him to manage it to the best advantage,
the Lords found that he had power to remove tenants even possessing upon tacks set by the former proprietor; 11 New Coll., 41. They were of the same opinion, Carlyle, Factor on the Estate of Kilhead, against Lowther. In this case it was allowed that the Court could authorise a factor to remove tenants; but it was contended that it required a special power and instruction from the Court,—and did not fall under the expression “usual powers.”
The electronic version of the text was provided by the Scottish Council of Law Reporting
