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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Wigton and Carnwath v Feuars. [1739] 2 Elchies 127 (1 February 1739)
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Cite as: [1739] 2 Elchies 127
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[1739] 2 Elchies 127
Subject_1 COMMONTY.
Date: Earl of Wigton and Carnwath
v.
Feuars
1 February 1739
Case No.No. 2.
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A vassal, upon a charter of lands with parts and pertinents, possessing a commonty of the Barony, by pasturing and casting fuel and divot for 40 years, in the same way as the Baron himself possessed; and it was incapable of any other sort of possession; the Lords found that the vassal's interest in the commonty was not only a servitude, but a common property; for the 40 years possession was considered not so much as giving him a right in the commonty, as an evidence that an interest in the commonty was intended to be conveyed by the general clause of part and pertinent; which interest, at the first constitution of the feu, when the superior was full proprietor, could not be a servitude. (See Dict. No. 5. p. 2467 and No. 6. p. 2468.)
The electronic version of the text was provided by the Scottish Council of Law Reporting