Scottish Court of Session Decisions

Subject_1 WARRANDICE.

Mary Piers
v.
John Black, Vintner

Date: 23 June 1680
Case No. No. 59.

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The warrandice of this tack would indeed import that there should be no eviction, nor pretender to the property or possession of the house, that should disturb or dispossess him, but will not extend to a casual accident of a neighbour's building, which, though it incumbered the entry to his house, yet did not totally obstruct it; for if the obstruction had been total, I think the Lords would have freed him from the duty, as they do with tenants in prædi's rusticis, when there is a total vastation per vim graculorum, by thunder, and if falling out sine culpa conductoris. L. 9, 33, and 35. C. De Locato.

Fountainhall MS.