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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Low v Beatson. [1739] Mor 16017 (14 July 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor3616017-077.html
Cite as: [1739] Mor 16017

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[1739] Mor 16017      

Subject_1 THIRLAGE.

Low
v.
Beatson

Date: 14 July 1739
Case No. No. 77.

Possession for 40 years upon a bond of thirlage, before 1681, subscribed by notaries, only three of the witnesses being inserted.


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Upon advising the petition, by which the interlocutor between the said parties of November 7, 1738, voce Writ, is there said to have been kept open, with the answers thereto, it appearing, by the proof, that there had been a 40 years possession conform to the bond of thirlage, the Lords, without expressing the ratio decidendi, “Sustained the astriction.”

Kilkerran, No. 2. p. 573.

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/1739/Mor3616017-077.html