Communi Pastura. - Species of Money. - Moris, Maresiis. - Free Rent. - Valid and Sufficient Infeftment. - Debts real and true. - Cum Piscationibus.
Keith v. Grahame
Date: 25 January 1668 Case No. No 3.
Two halves of a barony were disposed to different persons, one before the other; the first cum moris et maresiis, only in the tenenda, not in the dispositive clause. The property of the moss of the barony, was found to go with the second half.
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In the case of Keith of Craigie, contra Grahame of Creichie, the Lords, upon probation in mutual declarators anent a moss, found, That the barony of Craigie having pertained to Straiton of Lauriston; and thereafter, a part of the same being disponed to Keith and his predecessors; and another part to the authors and predecessors of Grahame of Creichie, extending the saids two parts to the whole barony; that both the saids parties had interest and right to the moss in question, as to commonty and pasture, and casting peats and turf; but as to the property of the moss, they thought that it should belong to that parcel which was last disponed by the common author; seeing he disponed the other part only cum moris et maresiis in the tenendas and executive clause; no mention of the moss being in the dispositive part; so that the property of the moss remained with himself annexed to the other parcel.
