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URL: http://www.bailii.org/scot/cases/ScotCS/1687/Mor2410169-010.html
Cite as: [1687] Mor 10169

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[1687] Mor 10169      
Subject_1 PERSONAL and REAL.
Subject_2 SECT. I.

Debita fundi.

Earl of Southesk
 v.
Maxwell

Date: 3 December 1687
Case No. No 10.

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The Earl of Southesk pursuing Maxwell of Hills for a dry multure, payable out of his lands to a mill belonging to Southesk in Annandale, which he had apprised for cautionry, he declared on oath, that he had possessed only 12 years, and had left it in the tenant's hands; yet the Lords advising this oath, found it debitum fundi, and decerned against him.

 Fol. Dic. v. 2. p. 62. Fountainhall, v. 1. p. 487.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1687/Mor2410169-010.html