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Subject_1 Heritable and Moveable Subject_2 Legitim. Subject_3 Facts: A person died, having feued a piece of building ground on which he was in the course of erecting buildings which were not completed at the time of his death. Held (per Lord Ormidale and acquiesced in) that the cost of the whole buildings, when completed, formed heritable estate, out of which legitim was not payable.
“1. There was a verbal set of the under flat of the house in question, conform to plan thereof, to Dr Gordon, Bridge of Allan, for the year from Whitsunday l864 to Whitsunday 1865, at the rent of £48 sterling per annum.
As the house was not erected at the time of the lease being entered into, the accompanying tracing was delivered to Dr Gordon, to show the size and arrangement of the house he had leased.
The mason and joiner work were being proceeded with at the time of Mr Robertson's Page: 289 ↓
And the plasterer had material on the ground, although he had done no work on the building, of the value of £10.
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Common Room
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