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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Thomas Young
v.
James Wright
19 June 1649 Click here to view a pdf copy of this documet : PDF Copy
In the action of removing at the instance of Mr Thomas Young against James Wright, his vassal, in some particular lands of Lenie, expressly designed and bounded in his infeftment; the defender did except, that he could not remove from certain parcels of grass; because he and his authors, past memory of man, at least thirty or forty years, had the said parcels as parts and pertinents of the lands contained in his infeftment. Whereto it was replied, That his infeftment, so bounded, could not admit such pertinents; because he offered him to prove, that they lay discontiguous from his lands; and the said pursuer ought to be preferred, being in libello. Which the Lords admitted.
Page 7.
The electronic version of the text was provided by the Scottish Council of Law Reporting