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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hay of Knockhoudie v John Litlejohn. [1669] 2 Brn 441 (15 June 1669)
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[1669] 2 Brn 441      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Hay of Knockhoudie
v.
John Litlejohn

Date: 15 June 1669

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[See the prior part of this Case, supra, page 428.]

Jo. Litlejohn having comprised the liferent of a tenement of land, called Babylon, in Leith, which being ruinous, fell and damnified the neighbour's tenement in 600 merks; for the which, the neighbours got sentence against the said Littlejohn, compriser of the liferent, reserving action against the heritor, as accords: and the heritor being convened, conform to this reservation,

The Lords found the liferenter and the compriser not liable in reparations of this kind, et quæ habent causam perpetuam; but only to keep the house water tight and wind tight; and therefore decerned.

Act. Lockhart and Dinmuire. Alt. Sinclar and Chalmer. Advocates' MS. folio 60.

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/1669/Brn020441-0742.html