[1749] 1 Elchies 438
Subject_1 SUPERIOR AND VASSAL.
Dick of Grange
v.
James Cook
1749 ,June 21 .
Case No.No. 11.
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Dick of Grange, as superior, possessing some houses, on a decreet of non-entry afterwards found null, and repairing some houses and rebuilding a burnt house; in counting for his intromission, I found these repairs, &e. ought to bear annualrent, because without them there could have been no rent. But I found that Grange must impute his intromissions first to these repairs, and next to his feu-duties current and bygone. The Lords adhered to the annualrents of expenses of repairs and rebuilding; but found he might impute the rents first to his feu-duties bygone, as well as current, before paying any of the repairs, even the annual repairs that would be allowed to tenants.
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