In a case of contravention of marches, where proof had been taken, a new proof, before answer, was ordered.
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There being mutual contraventions betwixt Ruchlaw and Wood, both relating, to a piece of ground, upon the marches of their lands, which Ruchlaw alleged to be his property, and that Wood had contravened by needful pasturage thereon, himself being present, when he was desired to remove his goods off the same; and the other alleging commonty, and that Ruchlaw had contravened, by wilful debarring him from his commonty;
The Lords, before answer, granted commission to examine witnesses hinc inde, concerning their possession of property and commonty; and having advised the testimonies, found that the matter was not so clear as to be the ground of a contravention; and, therefore, assoilzied both parties; but declared it should be free to them both, or either of them, to turn their libel into a molestation, and to reform the same accordingly thereanent. They granted again commission before answer, to examine witnesses hinc inde, anent either's possession, and the endurance thereof, which was not cleared by the former commission.
