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Scottish Court of Session Decisions >>
Jean Wallace, Lady Hackburn, v Turners, her Tenants. [1696] 4 Brn 302 (31 January 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Brn040302-0657.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Jean Wallace, Lady Hackburn, v. Turners, her Tenants
Date: 31 January 1696
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Rankeilor reported Jean Wallace, Lady Hackburn, against Turners, her tenants, whom she had charged for not residing in her land, conform to an express obligement in their tacks. Their reason of suspension was, That they were under tack of a far more considerable roum, taken by them from an adjacent heritor; and he was content to put his son in her land, and subset it.
The Lords considered the obligement was specific, and that they ought not to have the privilege of subtenants and assignees; and that the master had a prejudice by their not dwelling, both in not upholding the houses so well, and the want of the fuilyie, &c.: Therefore they decerned him to dwell there for the future; and, as to bygones, quia loco facti imprœstabilis succedit damnum et interesse, ordained them to give in a condescendence of the damage and loss through his not residing since the date of his entry and tack.
