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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> #name [1583] 1 Brn 123 (00 November 1583)
URL: http://www.bailii.org/scot/cases/ScotCS/1583/Brn010123-0245.html
Cite as: [1583] 1 Brn 123

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[1583] 1 Brn 123      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
1583. November.

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One having pursued another for the cutting and destroying of certain corns growing on his ground, and also for wrongous molestation of him therein, concluded likewise to hear and see the defender ordained to desist and cease from the violent occupation thereof;—it was alleged against the libel, that, in so far as it concluded both cutting and destroying of corns, and to desist and cease from occupation of the ground, that it was irrelevant, et quod esset inepta actionum cumulatio. Answered, The accumulation might stand in law, quando ex eodem facto plura et diversa agendi jura competunt, ut in præsenti casu. Which was admitted by the Lords, and the libel found relevant.

Page 317.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1583/Brn010123-0245.html