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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Innes v John Clark. [1780] Hailes 875 (22 December 1780) URL: http://www.bailii.org/scot/cases/ScotCS/1780/Hailes020875-0550.html Cite as: [1780] Hailes 875 |
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[1780] Hailes 875
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 REMOVING.
Date: William Innes
v.
John Clark
22 December 1780 Click here to view a pdf copy of this documet : PDF Copy
[ Faculty Collection, VIII. 21; Dict. 13,871.]
Braxfield. In the case of the Duke of Gordon against M ' Vicar, the same point was determined in favour of the tenant.
Gardenston. Had the substance of the Act of Sederunt been in the libel, that might have been sufficient, although the very words of the Act of Sederunt had not been recited.
Covington. It is not necessary to libel the finding caution for five years; that clause is in favour of the tenant, and he may plead on it in defence, if he will.
On the 22d December 1780, “The Lords sustained the defence, and suspended the letters adhering to Lord Braxfield's interlocutor.
Act. Fr. Russel. Alt. Ld. Maitland.
The electronic version of the text was provided by the Scottish Council of Law Reporting