Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

William Achesone
v.
John Achesone

Date: 26 December 1649

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In the action of neighbourhood, William Achesone, nephew, heritor of the tenement of land in Niddry's Wynd, against Mr John Achesone, his uncle, who had gotten a dwelling-house with two cellars, opening to the south and west, disponed by his father to him first, and excepted expressly, as it was before designed, out of the posterior disposition of the whole tenement made to Gilbert, to whom the said William is heir; the said Mr John was thought to have done wrong, in opening up a passage to the east, towards the close, of the tenement, which might be built up in a new tenement by the heritor, although there were doors in the said east side of the cellar, but bigged up; because the common author having the whole, might have had passages as he liked. So, for the probation, the said William was preferred.

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