Legal Subject: Sublease

Case Date Legal Subject Abstract
Pringle v. M'Laggan 10 Jun 1802 Lease, Sublease Frederick M'Laggan owned the land known as the Annay of Melrose, but then sold it to John Layell. John Layell in turn leased the land to M'Laggan, who resided on it for some time. After his relations with the surrounding community soured, M'Laggan decided to live elsewhere, but sublet his residence in the Annay of Melrose to David Kyle. Mr. Layell passed away, and ownership of the land passed to Alexander Pringle. Alexander Pringle brought the case to court seeking the removal of Kyle and M'Laggan from the land claiming that the lease had expired, and also that M'Laggan never had the power to sublet in the first place. The case was decided in favor of Mr. M'Laggan, with the Court finding that the lease contained an implied power to sublet (Scots Digest).
Sir William Elliot v. George Currie 1795 Tack, Sublease George Currie sought to sublet a small lime quarry that he held in tack. His landlord, Sir William Elliot, Baronet of Stobs, refused to consent to the sublet unless Currie would give him 250 bushels of lime per year. Sir William petitioned the Sheriff of Roxburghshire for an order prohibiting Currie from subletting the lime quarry, which the Sheriff issued. Currie petitioned the Court of Session for relief. According to marginalia on the case document, this petition was refused without answers.