A decree, declaring a right to brew within certain limits, found to constitute a real right, and to follow the ground, without being specially assigned.
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In an action, at the instance of James Stuart, burgess of Glasgow, against certain brewers in the barony of Glasgow, to have it found, that the right and privilege of brewing, within the particular bounds libelled, pertained only to him; as being infeft in a part of the lands of that barony, with the only privilege of brewing, within these bounds libelled; and therefore, all others to be discharged from brewing within the same lands and bounds.——The Lords found, that the right of the decreets, recovered by certain persons, who had right to the saids lands and privileges, before the pursuer; whereby the said privilege was found to pertain to them by these sentences; did belong to this pursuer, as successor to them in the right of the saids lands and privileges; the same privileges being real, which followed the ground; which right, so found by the saids preceding sentences, the Lords found was competent; and did militate in this pursuer's favours; who was infeft with the said privilege, to furnish him a title to pursue this delarator, and action libelled at his instance; albeit he was not specially made assignee to the decreets, but that he used the same as a title to sustain this action. See March 25. 1623. L. Hunthill, (in note to No 2. h. t.)—March 26. 1623. Donaldson, (No 2. h. t.)—December 1. 1630. Fewers of Chappeltoun, (See Legal Diligence,)—March 1. 1636. Guthrie, (See Summar Process.—Suspension.—Thirlage.
