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In an action, L. Lugton against Hugh Sommerville of Drum, for removing from a rigg of land, which Lugton alleged to be part and pertinent of his lands of Gilmerton, wherein he was heritably infeft, and that the same was so bruiked by him and his predecessors, past memory of man, and possessed by them peaceably; and the defender alleging, that he was infeft in another part of the lands of Gilmerton heritably, whereof the rigg libelled was part and pertinent, and which was so possessed by him and his predecessors, past memory of man, the pursuer was preferred in his reply, and the defender's exception repelled; but it would appear, that the pursuer ought to have condescended how he lost his possession, and after what manner the defender apprehended the same, and both parties ought to have been urged to dispute, and make these points clear.
Act. Stuart.Alt. ——.Clerk, Scot.
Fol. Dic. v. 2. p. 26. Durie, p. 391.
