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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Cubison v John Bell. [1692] 4 Brn 10 (29 November 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040010-0020.html
Cite as: [1692] 4 Brn 10

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[1692] 4 Brn 10      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.

Cubison
v.
John Bell

Date: 29 November 1692

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On a petition given in by Cubison against John Bell, that he could not be removed on the warning before Whitsunday, because the master had accepted the Martinmas rent thereafter; and he deponing, that it was with this express quality, that he did not pass from his warning; the Lords thought somewhat was to be indulged to the rusticity of tenants, where they had any probable ground of mistake, that it should supersede execution of the removing till Whitsunday next. But it being represented that the master was under tack to another, and was charged to enter him to that room; the Lords appointed trial to be taken of his damages, and if both the tenants could be accommodated where they were till next term, rather than put them to flit in the midst of winter.

Vol. I. page 524.

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/1692/Brn040010-0020.html