Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Thomas Nicolsone v. George Balfour of Balbirnie
Date: 15 November 1662
Click here to view a pdf copy of this documet : PDF Copy
Mutual molestations being pursued by Mr. Thomas Nicolsone and George Balfour of Balbirinie of either of their possessions of the Mure of Bigtie, adjoining to both their lands: Mr. Thomas being infeft in Pittenthas cum pastura et libero introitu et exitu; the other being infeft in Markincsh cum communi pastura in mora de Bughtie:
The Lords found Mr. Thomas his infeftment, with forty years possession in the said mure by pasturing, relevant; but because Balbirnie alleged he was per expressum infeft in that mure, and had interrupted Mr. Thomas via facti from pasturing, &c. therefore they ordained Mr. Thomas to prove forty years possession before the alleged time of Balbirnie's interruption: and they inclined that if Balbirnie had raised a declarator of property, or right on his infeftment, he might have debarred Mr. Thomas. But the judgment being possessory, they sustained Mr. Thomas his interest cum communi pastura, he proving ut supra.
