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Scottish Court of Session Decisions >>
William Crighton of Crawfordston v Gibson of Auchinchyne. [1693] 4 Brn 97 (30 November 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040097-0225.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
William Crighton of Crawfordston v. Gibson of Auchinchyne
Date: 30 November 1693
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William Crighton of Crawfordston, being infeft in a common pasturage forth of the adjacent lands of Gibson of Auchinchyne; in a declarator, contended, that, by virtue thereof, he had not only summer-grass for his beasts, but had been in the constant and immemorial possession of tilling so much of the servient lands, and sowing it; as also, of mowing the meadows thereof, that thereby he might be furnished with straw and hay for the winter-feeding of his cattle. And it being alleged that these were acts of property, and that a servitude could never carry a right to do such deeds, and was not so much as a title for the great prescription; and so he could not be allowed a term to prove so extravagant a servitude:—Yet the Lords granted a conjunct probation as to the possession before answer to the relevancy; and thought forty years' possession might change the nature of the right, and prescribe it as part and pertinent. Sundry of the Lords differed.
