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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Earl of Southesk v Young of Auldbar. [1685] 3 Brn 548 (12 March 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Brn030548-0826.html

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[1685] 3 Brn 548      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
Date: 12 March 1685

The Earl of Southesk
v.
Young of Auldbar


Click here to view a pdf copy of this documet : PDF Copy

See the prior part of the Report of this case, Dictionary, page 7,902.

The case of the Earl of Southesk against Young of Auldbar, anent the Muir of Montreumont, [Mons Romanorum,] mentioned 18th December 1679, was reported by Forret. The Lords find the progress produced by Auldbar sufficiently connected, and prior to Southesk's authors' rights of forestry and keeping in 1582; and therefore decern for his firth, and his servitude of pasturage, feal and divot, through the muir, in regard he had proven immemorial possession; though it was Alleged that the said muir being a part of the king's property, it was imprescriptible.

Vol. I. Page 351.

See Stair's report of this case, Dictionary, page 7,899.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1685/Brn030548-0826.html