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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Stirling of Keir v Christie, [1762] 5 Brn 518 (19 November 1762)
URL: http://www.bailii.org/scot/cases/ScotCS/1762/Brn050518-0556.html
Cite as: [1762] 5 Brn 518
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[1762] 5 Brn 518
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk of Session, One of The Reporters For The Faculty.
Subject_2 MASTER AND TENANT.
Date: Stirling of Keir
v.
Christie,
19 November 1762 Click here to view a pdf copy of this documet : PDF Copy
Lord Alemoor, Ordinary, pronounced the following interlocutor:—“ That, as there are no limitations in the defender's tack, with respect to the method of cultivating the ground, the defender was at liberty to alter the usual manner of culture, provided that he did not thereby deteriorate the farm ; and finds no sufficient proof that the ground was deteriorated by last crop : but finds it was unlawful and irregular in the defender to carry off his dung and fodder from the farm of Netherton, from Whitsunday 1759 to Whitsunday 1760, which dung ought to have been laid upon the ground for crop 1760 ; and finds him liable in 40s. as the value of the dung.”
Upon a reclaiming petition, the Lords found the tenant liable in ₤6, instead of 40s.
The electronic version of the text was provided by the Scottish Council of Law Reporting