Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

Hugh Sommervil
v.
Dickson

1590.

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

In a removing pursued by Hugh Sommervil against a woman called Dickson, to flit and remove from a coal in Gilmorton: alleged, That the coal-heugh was in the lands pertaining to the Lord Sommervil and the Laird of Niddrie, pro indiviso; so that the coal under the earth behoved to be ruled according to the superficies of the land above the earth; and so the defender could not remove before the division. The Lords found that the consequence was not good, viz. that the division of coals should be ruled like that of the land; for they are things that are divided numero el mensura, by chalders and loads that come out of them; and so decerned to flit and remove.

De Carbonibus et Carbonariis, vid. late Cr. 1. 2. D. 6.

Page 38.