Scottish Court of Session Decisions

Subject_1 DECISIONS of theLORDS OF COUNCIL AND SESSION, reported by LORD KILKERRAN, ADVOCATE.

Earl of Wigtown and Lockhart of Carnwath,
v.
Feuers of Biggar and Quotquam.

Date: 1 February 1739

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In the division of the common muir of Biggar, it being contraverted, Whether certain of the charters produced by the vassals imported a right of property or servitude in the muir? The Lords found, that where lands were disponed, with parts, pertinents, and pendicles, or where they were disponed, with mosses, muirs, commonties, parts and pertinents in general, whereon possession in a common muir had followed for forty years, it did import a right of property ; but where the lands were disponed with parts, pendicles, and pertinents, with common pasturage used and wont, though the possession in the muir had for forty years to all intents been the same, as in the former case, it was found to import only a right of servitude in the common muir.

For the rest of this case, see Morison's Dictionary, p. 2468.