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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Wilson v The Magistrates of Dysart. [1686] Mor 140 (00 January 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Mor0100140-013.html
Cite as: [1686] Mor 140

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[1686] Mor 140      

Subject_1 ADJUDICATION and APPRISING.
Subject_2 What SUBJECTS are carried by APPRISING and ADJUDICATION.

Wilson
v.
The Magistrates of Dysart

1686. January.
Case No. No 13.

The emoluments of the hand-bell of a town, carried by an apprising of the common-good.


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An appriser of the common-good of Dysart, pursuing for the tack-duty of the hand-bell; it was alleged, That these obventions and emoluments being of a moveable nature, did not fall under adjudication.

Answered: These are the consequences of a real right, and belong to the pursuer; as the profit of fiars would fall to the compriser of a barony.

The Lords decerned in favours of the adjudger.

Fol. Dic. v. 1. p. 10. Harcarse, (Comprising.) No 317. p. 77.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1686/Mor0100140-013.html