Scottish Court of Session Decisions

Subject_1 ADVOCATION.

Steele
v.
Thomson

Date: 18 December 1776
Case No. No 22.

Advocation found competent, as in volving a question of right, altho' the subject in dispute below L. 12 in value.

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Two persons being proprietors pro indiviso of a meadow, a verbal agreement passed, by which the one let the ground to the other for three years, who laboured it, and reaped a crop of oats; the other resiling, in respect the bargain had never been formally completed, the Sheriff, in a process brought before him, found, That the crop must be divided, without recompence to the sower for his labour.—In an advocation, the Lord Ordinary having refused the bill, in respect the subject in dispute, viz. the corn, was under L. 12 Sterling in value, the Lords altered that judgment, as the dispute involved a question of right, and was not limited to the value of the crop.

Fol. Dic. v. 3. p. 21.