 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Maxwell of Cuill v M'Clellan of Barklay. [1717] 5 Brn 138 (4 January 1717) URL: http://www.bailii.org/scot/cases/ScotCS/1717/Brn050138-0144.html Cite as: [1717] 5 Brn 138 |
||
[New search] [Printable PDF version] [Help]
[1717] 5 Brn 138
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ALEXANDER BRUCE, ADVOCATE.
Date: Maxwell of Cuill
v.
M'Clellan of Barklay
4 January 1717 Click here to view a pdf copy of this documet : PDF Copy
The case betwixt these parties having been already stated, as decided the 13th December last, the complainer now represents a new point in fact, viz. That Barklay
having put the decreet of removing to execution, and ejected him, and having some months thereafter been reposed by the Lords' authority; Barklay, in the interval, and during his own unwarrantable possession, grazes on the lands a great number of cattle; whereby he was a gainer, and the complainer a loser, as wanting the grass for his own cattle. The Lords remitted to an Ordinary to take trial how far the defender was a gainer, by taking possession of, or grazing cattle on the lands in controversy; and, in case it were found that he was thereby lucratus, they granted power to the said Ordinary to modify further damages and expenses, effeiring to the defender's gain and the complainer's loss by want of possession.
Act. Alex. Menzies. Alt. Rob. Dundass. Roberton, Clerk. Vol. II. No. 46. page 62.
The electronic version of the text was provided by the Scottish Council of Law Reporting