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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Montgomery v The Laird of Blair. [1680] 3 Brn 362 (26 June 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030362-0478.html

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[1680] 3 Brn 362      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.

Lord Montgomery
v.
The Laird of Blair

Date: 26 June 1680

Click here to view a pdf copy of this documet : PDF Copy

Lord Montgomery, as superior, craved a year's rent of the adjudger. It was alleged, The adjudication was before the 18th Act of Parliament 1669, ordaining adjudgers to pay a year's rent; and therefore it must be presumed not to be due before, seeing laws are only made to regulate future cases; and it was found casus de industria omissus in the Act of Parliament 1621, as Balmanno observes, voce Adjudications.

The Lords found a year's rent not due by adjudgers before the Act 1669.

Vol. I. Page 105.

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/1680/Brn030362-0478.html