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Scottish Court of Session Decisions >>
William Beton of Craigfordy v Barclay of Callerny. [1699] 4 Brn 454 (21 July 1699)
URL: http://www.bailii.org/scot/cases/ScotCS/1699/Brn040454-0890.html Cite as:
[1699] 4 Brn 454
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.
William Beton of Craigfordy v. Barclay of Callerny
Date: 21 July 1699
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Mr William Beton of Craigfordy, advocate, gives in a bill to the Lords complaining that Barclay of Callerny was building a dovecot on the confines of their lands, though he had not ten chalders of victual within two miles of the place, the bulk of his estate lying at a greater distance; and he having pursued him before the sheriff of Fife to desist per novi operis nuntiationem, he had procured an advocation of the cause to the Lords, which could not be got discussed this Session; therefore craved the Lords might stop the work medio tempore, damnum infectum being safer than post vulneratam causam remedium quœrere.
The Lords thought there was more ground to stop than to demolish after it is built, especially being on the marches in œmulationem vicini; and that they had sustained a process on the act of Parliament 1617, to Sir John Shaw of Greenock against Crawfurd of Carseburn, as mentioned supra 29th December 1698; and President Newton observes that the like was decided 15th November 1682, Dury against the L. of Balmuto; therefore, no answers being made to the bill, they granted the desire thereof.
