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Subject_1 COMMONTY.
Date: Duke of Douglas and Mr James Baillie
v.
Baillie of Littlegill
2 February 1740
Case No.No. 5.
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A Common having been immemorially possessed by a certain definite number of soums for each proprietor; and though in 1719 the tenants finding the ground overstocked, restricted the soums to a lesser number, yet still they observed the same proportions among the heritors;—notwithstanding thereof the Lords found that the valuation of the several heritors' lands behoved to be the rule of division according to the act of Parliament, and not the proportion of soums that each heritor was allowed to pasture,—where the preceding decision, Andrew Tennent, (No. 1.) was quoted and answered. (See Dict. No. 9. p. 2474.)
The electronic version of the text was provided by the Scottish Council of Law Reporting