Scottish Law Review and Sheriff Court Reports Volume 7 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 edition. Excerpt: ... Bthmkoshiek. and without just cause removed said sheep under cloud MacuiimMTod.0f night and refused to pay the rent of said wintering, 105 15s., restricted to 50. The defender, while contending that he was entitled to remove the sheep, as they were not being wintered as contracted for, also pleaded that the action was incompetent, as the debt alleged to be due and sued for did not fall within the classes of debts described in section 2 of the Debts Recovery Act. It was contended that the claim being for rent for an agricultural subject, it was excluded by the Act, and there was quoted in support of this an obiter dictum of Sheriff Dove Wilson in his " Sheriff "Court Practice." For the pursuer it was contended that the debt was not a rent, but an ordinary claim for wintering the sheep, and was nothing other than a "merchant's "account," and "other the like debt" which the Act expressly enacts can be sued for. Besides, even were the claim one for rent, the Act did not exclude a claim being sued for under it for the rent of an agricultural subject provided the same was not founded on a written lease or obligation. The Sheriff-Substitute (buntine) issued the following interlocutor, sustaining the pursuer's contention: --Marchai, 1891. Stirling, 31st March, 1891.--Having heard parties' procurators shenii m-sTisE. on t)C gra pjea jor defender, repels the same, appoints the case to be enrolled at next court to fix a diet for the trial of the cause. J. R. Buntine. Note.--This is an action for recovery of a sum of money which the pursuer alleges that the defender had bargained to give him for allowing a certain number of his sheep to feed in his (pursuer's) grass land from October last to April 10th of this year. In other..."