BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Grahame and Boyd v Malloch. [1677] 2 Brn 217 (26 June 1677) URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn020217-0480.html |
||
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: Grahame and Boyd
v.
Malloch
26 June 1677 Click here to view a pdf copy of this documet : PDF Copy
In a count and reckoning at the instance of Grahame and Boyd, against
Malloch, for extinction of Malloch's apprising, by intromission within the legal; Malloch craved a defalcation out of his intromissions, for the expenses of a process of reduction at his instance, against a third party, who had an inhibition which would have excluded both parties' rights; and for the sum he paid out profitably for both parties, by transaction, for being free of that inhibition. The Lords found, That no such defalcations of the appriser's intromissions were to be allowed; but only such as were real burdens upon the land: but, as to that conclusion of the account for repetition of Malloch's intromission, after he was satisfied, they found compensation competent to what he profitably expended for the behoof of both parties, to secure them against an inhibition which would have affected them both.
Vol. II, Page 531.
The electronic version of the text was provided by the Scottish Council of Law Reporting
