Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

The Laird of Grange
v.
Betson of Carden

Date: 14 July 1626

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In a contravention, pursued by the Laird of Grange against Betson of Carden, —the Lords were of the mind, albeit this was not then in specific terms found, (because that point was not controverted,) that neither pasturage in confinio, amongst neighbours marching together, nor yet herding of goods upon the neighbours' lands, were sufficient deeds whereupon contravention ought to be granted; except therewith some further deed should concur, such as if he who pastured, being prohibited by the other neighbour, and discharged to do the same, he would not obey, but that he persisted, notwithstanding thereof, or masterfully persisted or used some violence, or did some other unlawful deed beside the naked pasturing; for, in confinio, the suffering of goods to stay and pasture upon the neighbours' ground, which may fall out by the oversight of herds and servants, without allowance of the master, is over-bare a cause of contravention. But this was not decided, and, before the decision, the Lords gave commission to two of their number to see the ground, and to examine witnesses for both parties; for both the parties claimed the land, as pertinents of their heritage, and alleged possession thereof, as parts and pertinents of their lands.

Act. Stuart. Alt. Lermonth. Gibson, Clerk.

Page 217.