Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Isobel Luke v. William Dundass
Date: 1 February 1695
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Arniston reported Isobel Luke, relict of Bailie Thomas Wylie, against Mr William Dundass, advocate, about a ruinous upper tenement belonging to the said Mr William, which he neglecting, the rain spoiled the inferior storeys belonging to the said Thomas Wylie. Mr William had, ten years ago, obtained an act of the Dean of Guild of Edinburgh, finding, after a visitation, That the said roof being faulty, he was in the terms of the act of Town-council, ratified in Privy-council 1674, appointing all the heritors to concur and rebuild with stone and lime. Thomas Wylie's relict and children thinking themselves prejudged by this act, they procured a new one, ordaining the said William to repair his roof, as incumbent on him from the natural servitude due by the superior tenement to the inferior. Mr William complained of this last act, alleging the town could not alter their first sentence, and that the tradesmen visitors had varied; first declaring the roof irreparable, and then that it might be helped.
The Lords found the second act wrong, and that they could not ordain him to repair a ruinous roof, being all one as if it had been burnt; and therefore thought they behoved to demolish and rebuild it in stone. But afterwards they altered this in Mrs Wylie's favours.
