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Scottish Court of Session Decisions >>
Laird of Old Farr v Drummelzier and Lord Yester. [1629] Mor 16576 (13 March 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor3816576-022.html
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A decreet obtained against tenants for spulziation of their teinds, who suffered great quantity above the avail to be obtained against them for their contumacy not compearing to depone upon the quantity of the same, being referred to their oath, can infer no lawful distress, whereupon their master being tacksman, cancrave warrandice against the letter of the tack, except the quantities had been otherwise proved; but the Lords permitted David Murray, pursuer by the same summons, to prove the just quantity of the said teind, verified, that according thereto he might pursue his warrandice.
