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Muirhead, late Factor of Covington, v George Lockhart of Carnwath. [1694] 4 Brn 205 (27 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040205-0465.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Muirhead, late Factor of Covington, v. George Lockhart of Carnwath
Date: 27 July 1694
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He alleged, That the former laird had via facti lifted some of the rents from the tenants; and, if he had exacted it over again, it would have broken them, and cast the roums waste; and that he had taken a decreet against them, referring the rests to their oaths.
The Lords did not think this so exact diligence as factors ought to use; yet, in respect of the circumstances, and that the master was vir ferox, they allowed probation, before answer, of the above mentioned circumstances; reserving to themselves to consider, when proven, if they would amount to exoner the factor.
