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Margaret, Elizabeth, Agnes, and Isobel Gariochs, v Mr Robert Kennedy. [1769] Mor 13178 (7 March 1769)
URL: http://www.bailii.org/scot/cases/ScotCS/1769/Mor3113178-018.html Cite as:
[1769] Mor 13178
Margaret, Elizabeth, Agnes, and Isobel Gariochs, v. Mr Robert Kennedy
Date: 7 March 1769 Case No. No 18.
Stillicide.
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The Lords refused a petition, reclaiming against an interlocutor of the Ordinary upon the bills, refusing a bill of advocation of a decree of the Dean of Guild of Edinburgh, by which it had been found, that, though 18 inches must be left free between two buildiugs in burgh, where there are two eave-drops, yet, where the new building is so constructed, as that there is but one eave-drop, nine inches are sufficient.
This rule, it was observed upon the Bench, is not founded in written law, but upon general custom.
Act. W. Baillie.Alt. A. Fergusson.Clerk, Kilpatrick.
Fol. Dic. v. 4. p. 198. Fac. Col. No 96. p. 176.
