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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robert Arbuthnot of Findowry v Patrick Lighton. [1628] 1 Brn 159 (11 July 1628)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: Robert Arbuthnot of Findowry
v.
Patrick Lighton
11 July 1628 Click here to view a pdf copy of this documet : PDF Copy
Sicklike, Robert Arbuthnot of Findowry, assignee constituted to the tack of teinds of Fairniflet, pursued Patrick Lighton, provost of Montrose, for spuilyie, as intromittor with the duties, both stock and teind. Alleged, His uplifting of the mails and duties from the tenants, made him not a spulyier, because he uplifted only the ordinary fruits, whereof they were in use of payment divers years before to his author: However, the Lords sustained the summons to be proven, prout de jure; with this caution, that it should not infer a spuilyie, but only wrongous intromission.
Page 88.
The electronic version of the text was provided by the Scottish Council of Law Reporting