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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Bethune of Balfour v William Trail, late Tenant in Inchhaire, and Patrick Jervie the present Tenant. [1778] 5 Brn 517 (10 February 1778) URL: http://www.bailii.org/scot/cases/ScotCS/1778/Brn050517-0554.html Cite as: [1778] 5 Brn 517 |
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[1778] 5 Brn 517
Subject_1 DECISIONS ff THE LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk ff Session, One of The Reporters For The Faculty.
Subject_2 MASTER AND TENANT.
Date: Bethune of Balfour
v.
William Trail, late Tenant in Inchhaire, and Patrick Jervie the present Tenant
10 February 1778 Click here to view a pdf copy of this documet : PDF Copy
In a dispute betwixt these parties, Lord Elliock, Ordinary, 19th February 1777. “Found, that the property of the marie in question belonged to the master, and that the tenant had no right to use or dispose of it; but that the master had right to use it.”
The marie was shell marie, a bed of which, of no great extent, was discovered after the tack was set: the tack was still to endure for 12 years, and contained no power to dig for marle, but with liberty to lime or improve the lands, as the tenant should think proper; and, for that end, to win limestones upon any part of the lands where they could most conveniently be had.” On
advising a reclaiming petition with answers, the Lords ordered memorials, and afterwards they adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting