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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The College of Glasgow v Janet Fleming. [1624] 1 Brn 131 (23 Jan 1624) URL: http://www.bailii.org/scot/cases/ScotCS/1624/Brn010131-0270.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
The College of Glasgow
v.
Janet Fleming
1624 .Jan. 23 , andFeb. 18 .Click here to view a pdf copy of this documet : PDF Copy
The College of Glasgow having right to sundry penny mails of houses and yards, of old belonging to the black and white friars, pursued Janet Fleming, relict of James Stuart, there, for the sum of two merks and a half due unto them for houses at the cross of Glasgow, whereof, for the space of ten years before, they were in use of payment from the tenants and possessors of the same land. The Lords would not sustain the pursuit, unless they would say that they had received payment of the heritor of the ground, (for no deed of a tenant could affect the land with a burden in prejudice of the heritor,) or at least with the knowledge and consent of the heritor, which was sustained to be proven by witnesses.
Page 200.
The electronic version of the text was provided by the Scottish Council of Law Reporting
