Possession for 40 years upon a bond of thirlage, before 1681, subscribed by notaries, only three of the witnesses being inserted.
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Upon advising the petition, by which the interlocutor between the said parties of November 7, 1738, voce Writ, is there said to have been kept open, with the answers thereto, it appearing, by the proof, that there had been a 40 years possession conform to the bond of thirlage, the Lords, without expressing the ratio decidendi, “Sustained the astriction.”
