Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.

Belchies and Thomson
v.
Caddells

1776. February .

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But, Belchies and Thomson having set, to Caddells, a lease of the whole estate of Grange, for a yearly rent of £1000 sterling, clear of all charges, taxes, and deductions; and an action having been brought at the instance of the Caddells, to oblige them to repair the farm-houses on the estate ;—it was pleaded in defence, That they were not liable to do this, because not laid under such obligation by the lease ; 2do, Whatever might be the case in the set of a particular farm, yet, as, in this case, the whole of the estate of Grange was set as an universitas, the transaction did naturally import that the lessees were to take the subjects as they then were ; more especially, 3tio, That, by the lease, the tack-duty is declared to be payable without any deduction. Accordingly, Lord Auchinleck, Ordinary, pronounced this interlocutor, 28th July 1775 :— “ The Lord Ordinary, having considered the mutual memorials, and specially that the transaction was for a lease of the whole estate of Grange, which consisted of sundry farms at the date of the transaction possessed by sundry tenants, finds, That the pursuers not having stipulated any obligation from the defenders to put all the houses in a sufficient condition, is sufficient evidence they agreed to take the estate in the condition it then was ; and to be put precisely in the state of the master ; and therefore sustains the defences, assoilyies the defenders, and decerns.”

And the Lords, having advised bill and answers, adhered.