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The Earl of Mar v Brown. [1686] 3 Brn 579 (23 January 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Brn030579-0878.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 23 January 1686
The Earl of Mar v. Brown
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The Earl of Mar pursuing one Brown a wadsetter, on the 62d Act of Parliament 1661, for the superplus duties more than paid the annualrent of his wadset money, he craved deduction for some waste lands. It was answered,—That no respect could be had to that article of defalcation, which might have proceeded from his own negligence in not labouring the ground which he found in tenandry at his entry; unless he say the devastation was by some public calamity of war, as at the English invasion in 1650, or by famine or pestilence—The Lords referred it to an auditor.
