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Scottish Court of Session Decisions >>
Henry Nisbet, Younger of Dean, v John Kinnaird. [1698] 4 Brn 423 (6 December 1698)
URL: http://www.bailii.org/scot/cases/ScotCS/1698/Brn040423-0841.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Henry Nisbet, Younger of Dean, v. John Kinnaird
Date: 6 December 1698
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[See the prior part of the Report of this case, Dictionary, page 4872.]
In the action, mentioned 25th November 1698, between the L. of Dean and Kinnaird; the attempted settlement not taking effect, the Lords advised the cause injure, and found the reasons of circumvention and fraud, both in consilio et eventu, not sufficient to reduce the tack; and that the tenant should have informed himself better what was the true rent, and not have relied on Dean's assertion, and tried the quality of the ground; and his eye being his merchant, he had none to blame but himself; and he had acquiesced two years. But as to the damages by not removing the stones, and not making the ponds, the Lords allowed a probation, before answer, to both parties, on their several allegeances.
