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Scottish Court of Session Decisions >>
James Hunter Supplicant. [1711] Mor 14344 (27 December 1711)
URL: http://www.bailii.org/scot/cases/ScotCS/1711/Mor3314344-009.html Cite as:
[1711] Mor 14344
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James Hunter, collector of the cess for the shire of Ayr, gives in a petition, representing, That a competition having long depended betwixt the creditors of James Chalmers of Brockloch, and the factor dying, for these ten years bygone none have looked after the estate; so it has lain waste, and he has been forced to pay its proportion of cess to the general receivers, though he has no access to the ground, it not being tenant-sted; therefore craves that, for his reimbursement of bygones, and security of the cess in time coming, a new factor be named to set the lands at a roup to the greatest offerer. The bill being intimated, and none offering to answer it, they named the collector to be factor, on his finding sufficient caution, after his own payment of the cess, to make the surplus forthcoming to all parties that shall be found to have best right. It was remembered the Lords had done the like in the lands of Quhap, the heritor being out of the kingdom, and none meddling, and the cess running on unpaid. These warrants are a part of the Lords' efficium nobile; but necessity justifies them, that such cases, in human accidents, must have a remeid.
