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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ord v Wright. [1738] 1 Elchies 330 (28 February 1738)
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Cite as: [1738] 1 Elchies 330
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[1738] 1 Elchies 330
Subject_1 PLANTING AND INCLOSING.
Ord
v.
Wright
1738 ,Feb. 28 .
Case No.No. 2b.
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Mr Ord having pursued Wright for the half of the charges of a march dike, it was objected that this process was not competent, since most part if not the whole dike was
built before any requisition made to him to concur in the building. I thought the defence well founded in terms of the statute. But because of a practique in 1679 Seaton against Seaton, (Dict. No. 2. p. 10,476.) I repelled it so far as might extend to the expenses it would have cost him had he actually concurred in building a sufficient dike. But Wright having reclaimed, the Lords thought the former decision wrong, and therefore found the action not now competent; and on the 28th they adhered without answers.
The electronic version of the text was provided by the Scottish Council of Law Reporting