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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Moir of Leckie v Walter Morison. [1775] 5 Brn 536 (00 November 1775) URL: http://www.bailii.org/scot/cases/ScotCS/1775/Brn050536-0589.html Cite as: [1775] 5 Brn 536 |
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[1775] 5 Brn 536
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 PLANTING AND INCLOSING.
Moir of Leckie
v.
Walter Morison
1775 .November .Click here to view a pdf copy of this documet : PDF Copy
It again occurred,
But neither was it here decided; for, although the libel before the Sheriff of Stirling narrated the Act of Parliament, and the legal presumption thereby created, yet the conclusion was laid upon the actual transgression by the tenant and his sons, and servants. And, in the procedure, they dropt the Act of Parliament,
and joined issue and went to proof only on the actual transgression. And having failed in this proof, the Lords, in a suspension, “found that Leckie was not now at liberty to insist upon any conclusion on the Act of Parliament; and suspended the letters.” The Sheriff had decerned on the Act, and on the legal presumption.
The electronic version of the text was provided by the Scottish Council of Law Reporting
