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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Steuart v. Mossend Iron Co. [1866] ScotLR 1_253_2 (2 April 1866) URL: http://www.bailii.org/scot/cases/ScotCS/1866/01SLR0253_2.html Cite as: [1866] ScotLR 1_253_2, [1866] SLR 1_253_2 |
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Page: 253↓
(Before
Page: 254↓
This case arises out of a question of disputed boundary in a proposed mineral lease by the pursuer, Mr Steuart of Carfin, to the defenders, the Mossend Iron Company; and the following are the issues:—
“Whether the Muirpit dyke, in so far as it is described in the lease No. 5 of process as a northern boundary of the mineral field thereby let, is situated to the south of the pursuer's pit, marked 6 on the Ordnance plan, No. 124 of process; and whether the defenders have wrongfully failed to implement their part of the said lease, to the loss, injury, and damage of the pursuer.” Amount claimed, £7425. Or,
Whether the defenders subscribed the said writing (No. 5 of process) under essential error as to the situation of said Muirpit dyke? “
On the calling of the case to-day, Mr Broun, for the pursuers, put in a minute consenting to the case being disposed of upon the same footing and to the same effect as if a verdict had been returned for the defenders under both issues; and the authority of the Court having been interponed thereto, the case was accordingly taken out of Court.
Counsel for the Pursuer— Mr Gordon and Mr A, Broun. Agent— Mr Thomas Sprot, W.S.
Counsel for the Defenders— The Lord Advocate, Mr Hector, and Mr R. Lee. Agents— Messrs Hamilton & Kinnear, W.S.
