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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr Maul v The Children of Charters. [1734] 1 Elchies 254 (28 November 1734)
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Cite as: [1734] 1 Elchies 254
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[1734] 1 Elchies 254
Subject_1 MANSE.
Mr Maul
v.
The Children of Charters
1734 ,Nov. 28 .
Case No.No. 1.
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Nothing appears in the Notes in relation to this case. Lord Elchies has preserved the printed papers which are in vol. vi. fol; 154. The counsel were Graham and Craigie.
By the act 21, Parl. 1663, it is declared, that manses being once built and repaired and the building or repairing satisfied and paid by the heritors, the said manses shall thereafter be upholden by the incumbent ministers during their possession. The Court on report of Lord Coupar had found in substance, that certain repairs which had been made, (followed by a visitation of the Presbytery, and a declaration by them that the manse was free,) had proceeded upon an erroneous report of the state of the buildings, and consequently that the heritors continued liable.
It was contended on the part of the heritors, that in terms of the act of Parliament the declaration of freedom conclusively relieved them. It was however found that it was still incumbent on them to prove, that the repairs had been sufficiently made.—Ed.
The electronic version of the text was provided by the Scottish Council of Law Reporting