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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir William Maxwell v John M'Murray. [1776] 5 Brn 515 (12 July 1776) URL: http://www.bailii.org/scot/cases/ScotCS/1776/Brn050515-0548.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk of Session, One of The Reporters For The Faculty.
Subject_2 MASTER AND TENANT.
Date: Sir William Maxwell
v.
John M'Murray
12 July 1776 Click here to view a pdf copy of this documet : PDF Copy
On advising a bill of advocation, John M'Murray against Sir William Maxwell ; the Lord Justice-Clerk, 29th June 1776, remitted the cause to the Sheriff of Wigton, with this instruction, that he find “That, by the common law of Scotland, a tenant is restrained from deteriorating a farm, by mislabouring or over labouring the same, contrary to the usual practice in the country, without any special clause in his tack expressive of such limitations.” And this day the Lords unanimously refused a petition, and adhered. See Stair, p. 331 ; Bank. B. 2, tit., 9, § 21 ; Erskine, p ; Durie, 6th February 1633,
L. Haddo against Johnston.
The electronic version of the text was provided by the Scottish Council of Law Reporting