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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir Robert Stewart v His Vassals. [1740] 1 Elchies 97 (1 February 1740)
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Subject_1 COMMONTY.
Sir Robert Stewart
v.
His Vassals
1740 ,Feb. 1 .
Case No.No. 4.
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In this important question, Whether a process of division lies on the act 1695, even at the proprietor's instance, of a commonty where the property is in one, and only servtiudes of common pasturage in his vassals, but such as to exhaust the whole use of the superficies? the Lords found that such process does not lie, six to five besides the President, who was on the side of the majority,—Renit. Justice-Clerk, Drummore, Kilkerran, Monzie, et me. 1st February 1740 The Lords adhered, seven and the President to six, Haining and Leven absent.
The electronic version of the text was provided by the Scottish Council of Law Reporting