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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Fairlie v James Johnstoun. [1636] 1 Brn 359 (16 February 1636)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: William Fairlie
v.
James Johnstoun
16 February 1636 Click here to view a pdf copy of this documet : PDF Copy
William Fairlie, son to the deceased Sir William Fairlie, having arrested the corns of the deceased David Bickertoun, his tenant, of certain acres in Leith, for payment to him of his farms, crops 1634 and 1635, pursues James Johnstoun, in whose corn-yard the said defunct his corns were set, to make the said arrested corns forthcoming. It is alleged for the defender, That he is confirmed executor to the defunct, as creditor, and has just cause of retention of the corns for payment of his debt. To the which it is replied, That the pursuer, as dominus fundi, ought to be preferred to all other creditors. The Lords preferred the pursuer to the last year's farms; and, for the farms 1634, ordained the master of the ground to come in, pro rata, with the defunct's creditors; for the master of the grounds has no other privilege nor other creditors, but for the last year's crop.
2d MS. Page 16.
The electronic version of the text was provided by the Scottish Council of Law Reporting