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Scottish Court of Session Decisions >>
Hepburn v Tenants of Douglas. [1630] Mor 8034 (27 January 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor1908034-029.html Cite as:
[1630] Mor 8034
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Hepburn, relict of the parson of Oldhamstocks, having used letters of lawburrows against the Tenants of Douglas, pursues them for intromitting with the teind sheaves, crop 1629, as a deed of contravention; and at the reasoning of the cause, the pursuer is content to restrict her summons to wrongous intromission, which the defenders alleged could not be, because the action of lawburrows and wrongous intromission were of diverse natures; for the one, the cautioner was obliged, and not the other; and in the one, the half of the pain pertained to the King, which fell not out in the other. The Lords would not sustain the action to be restricted or converted.
