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Elphiston v Creditors of Sir William and Andrew Dick. [1697] 4 Brn 368 (11 July 1697)
URL: http://www.bailii.org/scot/cases/ScotCS/1697/Brn040368-0764.html Cite as:
[1697] 4 Brn 368
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Elphiston v. Creditors of Sir William and Andrew Dick
Date: 11 July 1697
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Mr James Elphiston, Writer to the Signet, having acquired a wadset on the lands of Craighouse, and resolving to reside there in summer; but the mansion and office-houses being very ruinous and decayed, he applies by a bill to the Lords, craving they may nominate some of their number to visit the place, and call for tradesmen, and see, by their advice, what sum will be necessary for repairing the houses, and putting them in a habitable condition. The creditors of Sir William and Andrew Dicks appeared, and craved, since this was to be a burden and eik to the reversion, he might, in the first place, expend the £10 sterling they have hitherto got of yearly rent for the house, park, and yards; and that it be not bestowed upon voluptuary reparations, for pleasure or conveniency, but only for what is absolutely necessary to keep the houses up; else they would not answer hoc loco till they were called via ordinaria in a process; which would be a vast expense, they being so numerous and dispersed per omnes regni angulos. Yet the Lords named two of their number to visit and report, and withal to hear the creditors on their interest and prejudice; seeing, if the buildings decay, the lands will give the less price when exposed to sale.
