If one can be made liable whose benefit was not intended.
Binning v. Brotherstones
Date: 18 January 1676 Case No. No 5.
A removing after a reduction was stopt till the meliorations were paid.
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Alexander Binning having reduced a right of some tenements in Edinburgh granted to Brotherstones, he pursues him to remove, who alleged, that he had jus retentionis till the meliorations of the tenement were satisfied. It was answered, That what meliorations he had made, were in suo, he having then an infeftment of fee, which being reduced, the meliorations pass as accessory, and he enjoyed the mails and duties all that time.
The Lords found, that the defender ought to have no satisfaction for what expenses he gave out to keep the tenement in as good condition as he got it, but only for other meliorations, as would be profitable to the pursuer, by raising, of the rent of the tenement.
