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Lord Salton v Club. [1704] Mor 14710 (18 November 1704)
URL: http://www.bailii.org/scot/cases/ScotCS/1704/Mor3314710-108.html Cite as:
[1704] Mor 14710
Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. XVII.
Wrongous Intromitters. - Delinquents.
Lord Salton v. Club
Date: 18 November 1704 Case No. No. 108.
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In a question whether those accomplices who had assisted a tenant to carry his goods and corns off the ground to the prejudice of the master's hypothec, should be liable in solidum, or only pro rata; for the damage, where no violence was used in the away taking; the Lords considering the intromission to be unwarrantable, and that, though they were not sharers in the benefit, yet that it was a delinquency in suo genere mali exempli, and, if allowed, would encourage tenants to help their neighbours in defrauding their masters, by clandestinely conveying their goods and corns off the ground; therefore, in this circumstantiate case, their Lordships found all the assistants liable in solidum.
Fol. Dic. v. 2. p. 386.
*** This case is No. 13. p. 1821. voce Brevi Manu.
