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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir John Foulis of Revilstane v Sir Patrick Nisbet of Dean. [1683] 2 Brn 46 (00 March 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn020046-0126.html
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Sir John Foulis of Revilstane
v.
Sir Patrick Nisbet of Dean
1683 .March .Click here to view a pdf copy of this documet : PDF Copy
A muir, by decreet-arbitral, being decerned to belong, both as to property and commonty, to two in common; one of the parties raised a process de commune dividendo, seeing communio parit discordias; and craved the encouragement of the Act of Parliament anent inclosing, in respect he designed to inclose his part. Answered, This were a contravention of the decreet-arbitral decerning the lands to be possessed in common; and, in re communi, potior est conditio negantis. The Lords, before answer, appointed a visitation of the ground, if it lay proper for inclosing, in respect that was controverted.
Page 255, No. 906.
The electronic version of the text was provided by the Scottish Council of Law Reporting