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Scottish Court of Session Decisions >>
Fergusson of Auchinblain v M'Nidder. [1734] Mor 10479 (14 July 1734)
URL: http://www.bailii.org/scot/cases/ScotCS/1734/Mor2510479-007.html Cite as:
[1734] Mor 10479
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In a pursuit against a tenant, upon the act of Parliament 1698, entituled, ‘Act for preserving of planting,’ it was proved, that a great number of natureal growing trees in a glen, possessed by the defender, were cut during his possession; but that the ground where, natural growing trees were, had been in use to be pastured upon by horse, nolt and sheep, as well before as since the defender's possession; and that these trees had not been preserved in time bygone to be cut for sale, and that they were not of such value as to be worthy of preserving and securing for sale: Therefore it was found, That they were not comprehended under the meaning of growing wood upon the defender's possession, which, by the said act, tenants are bound to preserve and secure, and assoilzied from the penalty of the said act of Parliament.
In the same pursuit against a tenant for cutting of wood within his possession, upon the act 1698, entituled, ‘Act for preserving of planting,’ the act was found to infer a presumption, That growing timber cut or destroyed in a tenant's possession, is cut and destroyed by the tenant, unless the tenant will instruct that the same aws done by a third party. See Appendix.
