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Scottish Court of Session Decisions >>
James Bayne v Hall. [1677] 3 Brn 213 (20 December 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn030213-0270.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
James Bayne v. Hall
Date: 20 December 1677
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James Bayne, the wright, having undertaken the rebuilding of one of those burnt tenements near the Netberboll, upon this condition, That he should possess it aye and while he were reimbursed; he summarily pursues the relict, called Hall, to give him the keys, though she stood infeft in the ground of the tenement, viz. before it was burnt.
The Lords found she was not bound to remove summarily; but behoved to be warned, though the superficies was extinct. See this case more fully deduced in another law manuscript.
