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(1818) 2 Murray 32
CASES TRIED IN THE JURY COURT.
ABERDEEN.
No. 5.
PRESENT,
Buildings on a farm found to have been erected by a tenant.
This case relates to the value of buildings erected on a farm.
“1 st, Whether the wings of the farm-house of Gateside were erected at the expence of the then landlord, Mr Leith, of Freefield?
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2 d, Whether the offices on the said farm were suitable to the said farm, in point of size or extent?”
Mr Frazer, the landlord, failed to appear. Lord Pitmilly observed, that it would be necessary to prove the notice of trial; and that, as he wished rather to overdo than to omit any thing in so singular a situation, Mr Brown, Clerk of Court, was put on oath, and produced a letter from the pursuer's agent, stating that he did not mean to appear.
An affidavit was also produced, that the agent had got notice by proviso.
Four witnesses were then examined.
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On the second Issue, there are two accurate and distinct witnesses.
“Verdict for the defender on both Issues.”
Counsel: Gordon, for the Defender.
Solicitors: (Agents, Arthur Campbell, w. s. and John Morrison, w. s.)