Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
David Kinloch v. James Ogilbie of Clunie
Date: 20 February 1670
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In the case David Kinloch against James Ogilbie of Clunie, found, A contravention of lawborrows may be turned in a declarator of property, where the deeds are not founded on violence, but on damage done to the property and lands. Item, That the penalty of contravention belongs to the heir of him who was infeft in the lands contraverted; and the charge being given by Bandoche's father, That the action of contravention did belong to his heir. But he was ordained to warrant the defender at the executor's hands.
