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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Duke of Roxburgh v - . [1749] 5 Brn 769 (13 June 1749)
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Cite as: [1749] 5 Brn 769
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[1749] 5 Brn 769
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Date: Duke of Roxburgh
v.
-
13 June 1749 Click here to view a pdf copy of this documet : PDF Copy
[C. Home, No. 67.]
The Lords in this case found that the Justices of Peace, by virtue of the
Act 41, anno 1661, could not give authority to stop up one of two roads leading to the same place, though the one they stopt up was a very bad road, and though it was allowed that they might have turned them both about 200 yards; and they were so near one another, that, without exceeding the legal distance, they might have been laid alongside one of another. N.B. The Lords, at least some of them, particularly my Lord Elchies, gave it as their opinion that the road could not be turned off one heritor’s ground upon another’s; because that other might turn it again, and so on, till it might be diverted from its first course never so far.
The Lords were much divided.
The electronic version of the text was provided by the Scottish Council of Law Reporting