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Scottish Court of Session Decisions

You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Doctor Lamond v Bennet. [1636] 1 Brn 363 (13 July 1636)
URL: http://www.bailii.org/scot/cases/ScotCS/1636/Brn010363-0970.html

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[1636] 1 Brn 363

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Doctor Lamond
v.
Bennet

Date: 13 July 1636
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Doctor Lamond, minister of Markinch,—having designed to him, for a part of his glebe which he wanted, certain yards, and a mire or meadow lying adjacent to the glebe, set in the feu by the vicar,—pursues removing from the said yards and meadow against Bennet, notary in Kirkaldie, heritor thereof. It is alleged by the said Bennet, That he cannot be decerned to remove therefrom; because the same is no arable ground. The Lords repelled the allegeance; because the Act of Parliament makes no mention of arable lands, but of kirklands, Ja. VI, Par. 3, cap. 48.
2d MS. Page 90.

The electronic version of the text was provided by the Scottish Council of Law Reporting