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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir David Dalrymple v Hay of Drummelzier. [1739] 2 Elchies 128 (7 November 1739)
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Cite as: [1739] 2 Elchies 128
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[1739] 2 Elchies 128
Subject_1 COMMONTY.
Date: Sir David Dalrymple
v.
Hay of Drummelzier
7 November 1739
Case No.No. 3.
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In dividing a commonty betwixt a Barony on the one part, and lands of another heritor having an, interest in the commonty; in the division, the whole Barony ought not to be valued, unless the whole pastured upon that common; but only the particular farms or towns, that are proven to have been in use to pasture upon it: Which rule had also before been followed in the division of the common of Biggar, betwixt the Earl of Wigton and Lockhart of Carnwath, and their feuars. (No. 2.)
The electronic version of the text was provided by the Scottish Council of Law Reporting