Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr George Wilson of Plewlands v. George Dundas of that ilk
Date: 4 January 1695
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In the mutual declarator of property, between Mr George Wilson of Plewlands and George Dundas of that ilk, anent the right of a loaning, the possession not being of that length that it could give Plewlands a right, they considered the point in jure; and found Dundas's disposition to Plewlands, being of the same tenantry, lying on the east and west side of the loaning, it could not include or comprehend the same; because bounding charters cannot comprehend part and pertinent, because all without the bounding is excluded; as was found, 17th November 1671, Young against Carmichael: And this is one of the differences lawyers make between ager limitatus et arcifinius. But Plewlands, having built in confinio, and encroached, the Lords thought, in so dubious a case, he behoved to get not only his meliorations, but all his other expenses. And parties, in their humour of demolishing such buildings, are not to be indulged. And the maxim, œdificatum cedit solo, has several exceptions.
