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Scottish Jury Court Reports


You are here: BAILII >> Databases >> Scottish Jury Court Reports >> Frazer v. Maitland. [1818] ScotJCR 2_Murray_32 (26 September 1818)
URL: http://www.bailii.org/scot/cases/ScotJCR/1818/2_Murray_32.html
Cite as: [1818] ScotJCR 2_Murray_32

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SCOTTISH_HoL_JURY_COURT

Page: 32

(1818) 2 Murray 32

CASES TRIED IN THE JURY COURT.

ABERDEEN.

No. 5.


Frazer

v.

Maitland.

1818. September 26.

PRESENT, Lord Pitmilly.

Buildings on a farm found to have been erected by a tenant.

This case relates to the value of buildings erected on a farm.

ISSUES.

“1 st, Whether the wings of the farm-house of Gateside were erected at the expence of the then landlord, Mr Leith, of Freefield?

Page: 33

2 d, Whether the offices on the said farm were suitable to the said farm, in point of size or extent?”

Mr Frazer, the landlord, failed to appear. Lord Pitmilly observed, that it would be necessary to prove the notice of trial; and that, as he wished rather to overdo than to omit any thing in so singular a situation, Mr Brown, Clerk of Court, was put on oath, and produced a letter from the pursuer's agent, stating that he did not mean to appear.

An affidavit was also produced, that the agent had got notice by proviso.

Four witnesses were then examined.

Lord Pitmilly.—As the pursuer has not appeared, the question is, whether the defender has proved his case. There is no law in the case. Much evidence could not be expected, as the buildings were erected 40 years ago; but one witness swore, that he was employed at the building; and another swore to his belief that the buildings were erected by the tenant. This is legal, and sufficient evidence in support of the direct testimony to a fact so remote.

Page: 34

On the second Issue, there are two accurate and distinct witnesses.

“Verdict for the defender on both Issues.”

Counsel: Gordon, for the Defender.

Solicitors: (Agents, Arthur Campbell, w. s. and John Morrison, w. s.)

1818


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URL: http://www.bailii.org/scot/cases/ScotJCR/1818/2_Murray_32.html