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In a removing from a piece of land, set in rental to the defender by Rowallan, wherein the Lord Boyd compeared for his interest, alleging, That that land was part and pertinent of his land, and was so bruiked before this rental produced, past memory of man; and the other alleging the same to be part of his lands, and so bruiked by him continually; and so the parties being alike pregnant in their contrary qualifications; the Lords found, that the readiest way to try the verity was, by giving a commission to a Gentleman in the country, to see the ground controverted, and both the parties' lands alleged, and to take all the most exact trial that might be had by inspection, and deposition of witnesses hinc inde unsuspected, and by any other presumption, or probable circumstance, and to report the same to the Lords.
