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Scottish Court of Session Decisions >>
Hay of Knockhoudie v John Litlejohn. [1666] 2 Brn 428 (20 December 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Brn020428-0715.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Hay of Knockhoudie v. John Litlejohn
Date: 20 December 1666
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John Litlejohn, merchant in Edinburgh, having comprised the liferent of a tenement in Leith, which being ruinous did thereafter fall; by which another tenement lying adjacent, belonging to Hay of Knockhoudie, was damnified in the sum of three or four hundred merks; after trial by the Dean of Guild and Council of Edinburgh, being found to be no less; for which Knockhoudie raises summons for payment of that sum, as the damage and interest sustained by him through the fall of his house.
Alleged, That he having comprised but the liferent of that house, his right was but temporary, and the heritor only could be convened to pay the sum acclaimed.
The Lords found the compriser of the liferent liable for this damage, reserving action to him against the heritor and liferenter for his relief.
