Found, that the highest profits may be libelled as in a spuilzie, although no violence done. Here cattle were put in to graze without liberty.
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Anent the action pursued by the Laird of Cowdenknows, Keeper of the Park of Edinburgh, against the tenants of Didistoun, alleging the said tenants broke down the park dike, and put in the goods, and therefore desired the said tenants to pay to him the profits he might have had for the said park in sowing, and all other profits; it was excepted by the said tenants, That he could not have the profits which he might have had of sowing, because they did no violence, but allenarly put in their goods to pasturage, and stopped him not to till and sow. Notwithstanding it was found by interlocutor, That the said Laird might pursue the hail profits of sowing, and ail other profits, and repelled the exception.
