Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
William King and Inglis v. Orr and Oliphant
Date: 27 November 1695
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The suspension presented by William King and Inglis against Orr and Oliphant was reported by Arbruchel. The charge was on a decreet of removing from a shop at the head of Niddry's Wynd in Edinburgh. Their reasons were, That, albeit the decreet was given declaratory before the term, yet it decerned expenses where there was as yet no contumacy; and that he offered to prove, by the charger's oath, she promised never to remove him so long as he paid the former maill; and that, by the perpetual custom of that shop, the entering tenant bought always the brittle ware of his predecessor, as their glasses and lame-pots, &c. All this being formerly discussed, the Lords now repelled the same. Whereupon they recurred to a new reason, That they offered to prove she had consented to a set for another year, and taken earnest thereon. Some doubted of the competency of this allegeance now, after she had, upon oath, denied any promise not to remove them. However, the Lords sustained it, that she might clear her meaning; but cum onere expensarum if they succumbed; but especially to consider how far she may be made liable to the succeeding tenant for his damage in not being duly entered; and modify the same against him, if it shall be found that he sat violently contrary to law.
