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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir David Dalrymple v Hay. [1739] 1 Elchies 97 (6 November 1739)
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Subject_1 COMMONTY.
Sir David Dalrymple
v.
Hay
1739 ,Nov. 6, 7 .
Case No.No. 3.
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The Lords altered the last interlocutor in January 1716, and found that the rule of division must not be the value of the whole Barony or whole Town of Whittinghame, but only of the lands of Lugreat part of that Barony, in the same way as was decided, Earl of Wigton and Mr Lockhart, about the common of Biggar, which decision Arniston said was the reason of his opinion now, otherwise he thought in all cases where a commonty is to be divided betwixt a Barony and other lands, the whole Barony ought to be valued.
The electronic version of the text was provided by the Scottish Council of Law Reporting