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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ferguson of Auchinblain v Macnidder. [1734] 2 Elchies 439 (7 June 1734)
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Cite as: [1734] 2 Elchies 439
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[1734] 2 Elchies 439
Subject_1 PLANTING AND INCLOSING.
Date: Ferguson of Auchinblain
v.
Macnidder
7 June 1734
Case No.No. 1.
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Upon the act 1698 found 1mo, If planting be destroyed by any in the tenant's family, the tenant is liable; 2do, If it is proved to be cut during the tenant's possession præesumitur cut by some in the tenant's family, unless he prove who cut them; 3tio, Natural wood not used to be preserved for sale, nor of such value as to be worth preserving, and wherein cattle are in use to be pastured, is not growing wood in the sense of the act, that the tenant is bound to preserve. (See Dict. No. 7. p. 10,479.)
The electronic version of the text was provided by the Scottish Council of Law Reporting