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The Sheriff ‘decerned against the defender in terms of the libel,’ &c.— Note .‘There appears to be no doubt that the defender deviated from the prescribed rotation as to the field in question for crop 1826, and also for crop 1827, and must pay the additional rents for both years. The rent is no doubt high, but still it is rent, not penalty, and the Court must adhere to the bargain between the parties.’
The defender having brought an advocation, the Lord Ordinary repelled ‘the reasons of advocation, remitted the cause simpliciter to the Sheriff, and decerned;’ but found expenses due to neither party.
Lord Newton, Ordinary. For the Advocator, Dean of Fac. (Hope.) Macmillan & Grant, W. S. Agents. Alt. Keay, Hugh Bruce. R. Smith, W. S. Agent. S. Clerk.
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