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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Begg and Others (Trustees Fob Deacons' Court of Newington Free Church) v. Jack [1873] ScotLR 11_182 (10 January 1873) URL: http://www.bailii.org/scot/cases/ScotCS/1873/11SLR0182.html Cite as: [1873] ScotLR 11_182, [1873] SLR 11_182 |
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Page: 182↓
[Sheriff of Midlothian and Haddington.
The respondent in this case erected a gable wall partly on the site of a mutual wall between his property and that of the complainers. The latter, though repeatedly, in the course of a correspondence, objecting to his interfering with the height of said mutual wall, took no legal steps to prevent the gable being proceeded with, but allowed the respondent to continue his operations until said gable had reached the height of four storeys. The complainers having then presented a petition to have the wall removed, Held that, in these circumstances, the present case was not one suited for a summary application—the Court being of opinion that it was quite unreasonable to delay until a building had been all but completed, and then apply summarily to have it pulled down.
Counsel for Complainers—Solicitor-General ( Clark) and Jameson. Agent— John Auld, W.S.
Counsel for Respondent—Lord Advocate ( Young) and Campbell Smith. Agent— J. B. W. Lee, S.S.C.