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Subject_1 COMMONTY.
Sir George Stewart
v.
M'Kenzie
1748 ,June 3 .
Case No.No. 7.
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After a hearing in presence upon the import of the act 1695, act 28th, anent com-monties, though we would not alter the judgment given in the case of Sir Robert Stewart of Tullicoultry, February 1740, that where there is only one proprietor and several servitudes, there lay no process of division on the act, yet we found that where there was a property in one and a servitude in another, but the proprietor has also a right of pasturage for a part of his lands, that there the superficies may be divided betwixt them in proportion to their respective interests in that superficies, the property still remaining as it was and no præcipuum, and the division to be not according to the valuation but according to their rights of pasturage.
The electronic version of the text was provided by the Scottish Council of Law Reporting