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Smith v Thomas Hamilton Macgill of Falla. [1768] Mor 15266 (21 JUNE 1768)
URL: http://www.bailii.org/scot/cases/ScotCS/1768/Mor3515266-149.html Cite as:
[1768] Mor 15266
Heritor may put down sinks for coal in lands let in tack.
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In this case it was found, “That the heritor has right to search and put down sinks for coal in lands set in tack, upon satisfying the tenant for the damage which may be thereby incurred.”
The tenant admitted, that the right to the minerals remained in the heritor; but contended, that he was not entitled to break up the ground during the currency of the lease, in respect there was no stipulation for that purpose.
Act, Rae.Alt, Blair.
Fol. Dic. v. 4. p. 326. Fac. Coll. No. 67. p. 307.
