Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

The Town of Peebles
v.
Scot

Date: 7 March 1627

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A summons was pursued at the instance of the Town of Peebles, against Scot of Houndlshape and Others, craving the ground-right and property of the lands contained in the summons, to be decerned to pertain to them, conform to their infeftments of the same, given by K. Ja. VI. and K. Ja. IV. and K. Ja. II. and the defenders to be decerned and declared to have no right thereto, neither in property nor commonty. The defenders compearing in this cause, alleged, that the action was of the nature of an action of molestation, and therefore ought to be remitted to the sheriff of the shire within which the land lies, as judges competent thereto, and that the Lords of Session were not proper judges to the same, conform to the Act of Parliament 1587. Which allegeance was repelled, and the Lords found themselves judges; seeing the summons contained no molestation nor dispute concerning meiths and marches, but only a declarator of the right of the lands contained within the bounds specified in their infeftments.

Act. Forsyth. Alt. ——. Gibson, Clerk.

Page 285.