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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Davidson v Kerr. [1748] 1 Elchies 413 (2 June 1748)
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Cite as: [1748] 1 Elchies 413
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[1748] 1 Elchies 413
Subject_1 RUNRIDGE.
Davidson
v.
Kerr
1748 ,June 2 .
Case No.No. 1.
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These two heritors had some lands runrigg, and others possessed as commonty, and both willing to denude, but could not agree in the plan. Kerr pursued a division before the Sheriff, but Davidson offered a bill of advocation, because though by the 23d act 1695, the Sheriff may divide runrigg, yet by the 38th act 1695, the power of dividing commonties is only committed to the Court of Session. Haining refused the advocation; but on a reclaiming bill, we remitted to him to pass it; but resolved when it came in with a new summons of division that Davidson has raised, to remit to the Sheriff as usual to make the division; but to be reported to us.
The electronic version of the text was provided by the Scottish Council of Law Reporting