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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Wood v. Nelmes & Co. [1881] ScotLR 18_500_1 (20 May 1881)
URL: http://www.bailii.org/scot/cases/ScotCS/1881/18SLR0500_1.html
Cite as: [1881] SLR 18_500_1, [1881] ScotLR 18_500_1
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SCOTTISH_SLR_Court_of_Session
Page: 500↓
Court of Session Inner House Second Division.
[Sheriff Court of Lanarkshire.
v.
Facts:
In this action, which was raised in the Sheriff Court of Lanarkshire, the pursuer sought to obtain payment of a sum of money due as the rent of certain premises belonging to him which had been occupied by the defenders under an assignation by a certain William Bowes of his right to the said premises, as constituted by a lease from the pursuer by which assignees and sub-tenants were excluded. It was admitted that neither rent nor sub-rent had been paid for the period sued for, but from the evidence it appeared that there had been a tacit recognition of the defenders as tenants by the pursuer. The defenders pleaded that they were not tenants under the pursuer, and therefore not liable.
The Sheriff ( Clark), affirming the Sheriff-Substitute ( Spens), defender, for the sum sued for, and on appeal the Loads adhered.
Counsel for Appellant— Brand. Agent— W. Elliot Armstrong, S.S.C.
Counsel for Respondent— Hon. H. Moncreiff. Agents— Carment, Wedderburn, & Watson, W. S.