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In a removing sought from some lands, which the defender alleged to be part and pertinent of the lands of pertaining to him heritably, and which have ever been so bruiked by him these many years bypast; and which the pursuer alleged also to be bruiked by him continually as part and pertinent of his lands; the Lords admitted to both the parties to prove, and ordained either of them to adduce six witnesses to prove the same, and after examination of the witnesses, they decerned to remove in favours of the pursuer, who proved clearly, that it was a part of his lands, except some little peice thereof, which was proven to be a part of the defenders lands, and so here contrary probations were admitted to both parties.
Act. Hope and Advocatus.Alt. Nicolson and Burnet.Clerk, Gibson.
Durie, v. 2. p. 866.
