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Wilson v The Magistrates of Dysart. [1686] Mor 140 (00 January 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Mor0100140-013.html Cite as:
[1686] Mor 140
Subject_1 ADJUDICATION and APPRISING. Subject_2 What SUBJECTS are carried by APPRISING and ADJUDICATION.
Wilson v. The Magistrates of Dysart
1686.
January. Case No. No 13.
The emoluments of the hand-bell of a town, carried by an apprising of the common-good.
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An appriser of the common-good of Dysart, pursuing for the tack-duty of the hand-bell; it was alleged, That these obventions and emoluments being of a moveable nature, did not fall under adjudication.
Answered: These are the consequences of a real right, and belong to the pursuer; as the profit of fiars would fall to the compriser of a barony.
The Lords decerned in favours of the adjudger.
Fol. Dic. v. 1. p. 10. Harcarse, (Comprising.) No 317. p. 77.
