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Scottish Court of Session Decisions >>
Lord Sinclair v Sir James Cockburn of that ilk. [1694] 4 Brn 201 (24 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040201-0452.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Lord Sinclair v. Sir James Cockburn of that ilk
Date: 24 July 1694
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Upon a bill, given in by the Lord Sinclair, against Sir James Cockburn of that ilk, and his answers, the Lords found, the land would either set in farm or sell the better that the common debtor was removed from the house and parks, &c.; and, therefore, ordained him to remove, but gave him to Michaelmas next, because he might have his corns on the ground; but found, they could not roup it, without diminution of the present rental, but that it behoved to be kept up: And Sir James Cockburn, by a bill, craving to be continued, because he offered to find caution to make his intromission forthcoming, the Lords thought they could not force the creditors to accept of a tenant or factor against their will, though they offered caution; therefore they refused the bill.
