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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Tavish v Campbell of Kilberry. [1777] 5 Brn 543 (00 March 1777) URL: http://www.bailii.org/scot/cases/ScotCS/1777/Brn050543-0606.html Cite as: [1777] 5 Brn 543 |
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[1777] 5 Brn 543
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 PRESCRIPTION.
M'Tavish
v.
Campbell of Kilberry
1777 .March .Click here to view a pdf copy of this documet : PDF Copy
Campbell of Kilberry granted commission to M'Tavish to be his wood-keeper, and, inter alia, with power to cut as much hazel as he should think proper, out of the price whereof he was to retain £12 Scots of yearly wages. Soon after, Kilberry prohibited all cutting of hazel, and M'Tavish having continued in his service for 17 years, pursued him for £17 sterling of wages; against which, one of the defences pleaded for Kilberry was, the triennial prescription. To this defence, however, the Lords seemed to pay little regard, the debt being constituted by a written obligation; and M'Tavish having obtained decreet against Kilberry, before the Sheriff of Argyleshire, the Lord Auchinleck, Ordinary, found the letters orderly proceeded, and gave expenses: and the Lords adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting
