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Murdoch v Thomas Inglis. [1679] 3 Brn 297 (23 July 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Brn030297-0373.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Murdoch v. Thomas Inglis
Date: 23 July 1679
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Murdoch, an apothecary, pursues Thomas Inglis, merchant, to remove from a shop in Edinburgh.
Alleged,—He cannot remove, because Murdoch is but a party owner,—one Johnston has the other half of the booth; and who consented that he should not flit, providing that he paid his maill, and did not seek another shop.
Replied,—Murdoch was only in use to set, and Inglis had taken allenarly from him; and so, unless he had promised, Johnston's promise was not relevant.
The Lords found Inglis bruiked pro indiviso; and so, Johnston having consented to his sitting, he could not be removed for this year. See Craig, Lib. 2, Dieg. 9, de Migrando.
