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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mrs Agatha Drummond v James Swanston. [1782] Hailes 906 (18 July 1782) URL: http://www.bailii.org/scot/cases/ScotCS/1782/Hailes020906-0586.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 COMMONTY.
Subject_3 Found, that a landlord was not entitled to claim from his tenant a share of the expense of a division of Commonty proportioned to the tenant's interest.
Date: Mrs Agatha Drummond
v.
James Swanston
18 July 1782 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. IX. 86; Dict. 2487]
Monboddo. Non deficit jus sed probatio. If the tenant had profited by the division, he ought to be liable.
Alva. The circumstance of the alteration of possession, by the muir being divided, does not vary the case. The bargain still subsists in its original state.
Gardenston. If the legislature had meant to subject tenants, it would have said so.
President. The statute does not mean, under the phrase, parties concerned, to comprehend tenants.
On the 18th July 1782, “The Lords assoilyied the defender;” adhering to the interlocutor of Lord Braxfield.
Act. Ilay Campbell. Alt. H. Erskine.
The electronic version of the text was provided by the Scottish Council of Law Reporting
