Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Viscountess of Frendraught and Morison of Bogny v. David Gregory of Kinnairdy
Date: 15 February 1695
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Mersington reported the Viscountess of Frendraught, and Morison of Bogny, now her husband, against David Gregory of Kinnairdy, for declaring their right, by tolerance, in his moss; and to refund the damage arising by his disturbing them; and to discharge him to molest her during her lifetime. Alleged,— The tolerance was gratuitous, and for sixteen years, and now expired. The Lords, having read it, found the sixteen years were not restrictive of the first clause, giving it during her lifetime, but related to the son, for sixteen years after his entry. Then alleged,—It bore an irritancy that she should lose the tolerance if her tenants spoiled his grass, &c.; and offered to prove it. Answered,—1mo. He must raise a process; 2do. He should have intimated it.
The Lords found it relevant, first, to compense the bygone damages; and, next, to annul the tolerance in time coming, without necessity of putting him to a new process.
