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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1631/Brn010320-0844.html

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[1631] 1 Brn 320      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

The Laird of Lammingtoune
v.
The Laird of Blacklie

Date: 21 January 1631

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The Laird Blacklie having the rental of certain lands from the Laird of Lammingtoune, [to] whom he is addebted in the personal service used and wont,—he is pursued by the Laird for refusing to serve as he was required at divers times, and for ilk contravention to pay the sum of 1000 merks. It was answered by Blacklie, That no sum can be decerned against him, till it be first decerned by the Lords what personal service [he ought] to do, and the manner and quality thereof. The Lords ordained Lammingtoune to prove what service was used and wont to be done by the defender, and thereafter they would cognosce upon the failyies.

Page 32.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1631/Brn010320-0844.html