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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Dick of Grange v James Cook. [1749] 1 Elchies 438 (21 June 1749) URL: http://www.bailii.org/scot/cases/ScotCS/1749/Elchies010438-011.html Cite as: [1749] 1 Elchies 438 |
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[1749] 1 Elchies 438
Subject_1 SUPERIOR AND VASSAL.
Dick of Grange
v.
James Cook
1749 ,June 21 .
Case No.No. 11.
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Dick of Grange, as superior, possessing some houses, on a decreet of non-entry afterwards found null, and repairing some houses and rebuilding a burnt house; in counting for his intromission, I found these repairs, &e. ought to bear annualrent, because without them there could have been no rent. But I found that Grange must impute his intromissions first to these repairs, and next to his feu-duties current and bygone. The Lords adhered to the annualrents of expenses of repairs and rebuilding; but found he might impute the rents first to his feu-duties bygone, as well as current, before paying any of the repairs, even the annual repairs that would be allowed to tenants.
The electronic version of the text was provided by the Scottish Council of Law Reporting