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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir Robert Stewart v His Vassals. [1740] 2 Elchies 128 (1 February 1740)
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Subject_1 COMMONTY.
Date: Sir Robert Stewart
v.
His Vassals
1 February 1740
Case No.No. 4.
Commonty cannot be divided at the instance of the sole proprietor against those having only servitudes of pasturage upon it.
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No process for a division of commonty lies on the act 1695, at the instance of the proprietor of the common, against those having servitudes of pasturage on it, where there is no common property, but the whole property is in one, and the rest have only servitudes of common pasturage, though these servitudes are so large as to exhaust the whole use of the superfice. (See Dict. No. 8. p. 2469.
The electronic version of the text was provided by the Scottish Council of Law Reporting