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Scottish Court of Session Decisions >>
Sir John Foulis of Ravelston, and Walter Seton, v Cornwal of Bonhard. [1694] 4 Brn 157 (20 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040157-0360.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Sir John Foulis of Ravelston, and Walter Seton, v. Cornwal of Bonhard
Date: 20 February 1694
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The Lords thought, that an appriser or adjudger, entering to the possession, were accountable for the rent of the roums they intromitted with, unless they were debarred. But here, Bonhard's entry being on a decreet of maills and duties, on a voluntary right, they found that did not oblige him to diligence, but only to count for actual intromissions. But, as to the casual rent of the coal and salt, they found he ought to count for the preceding rental, or that he exposed it to roup, or that he could prove that Sir Walter debarred him, vel via facti vel juris, by suspensions or the like.
