Pursuer seeks declarator that subtack and assignation to defender were in security, plus accounting and retrocession; defender denies security, asserts absolute ownership and repurchase terms.
Court finds agreement between John Low and John Walker was security for £299, with reconveyance upon repayment; orders defender to account for rents and remaining debt.
Tenant failed to remove grass at lease end, claiming harvest right under Keith v. Logies, but court held 'grass' meant pasture land to be vacated, not a crop.
Answers by Lords Justice Clerk, Glenlee, Cringletie, Meadowbank, Mackenzie, Corehouse, and Moncreiff to questions submitted to the consulted judges in causa Lyall against Cooper.
Interlocutor remitting lease dispute over grass removal timing and lease clauses to Second Division Lords for opinion on legal principles and practice.
Answers by the Lords of the Court to questions submitted in causa Lyall against Cooper, responding to the argument that sown grass should be treated as a corn crop under the lease terms.
Respondent objects to advocator's minute as irregular, claiming it introduces new averments without reference to closed record, violating Sederunt 1828 and procedural rules.