Scottish Court of Session Decisions

Subject_1 COMMONTY.

Mrs Balfour
v.
Moncrieff, &c

1752, Dec. 15.
Case No. No. 8.

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In a process of division of the commonty of Auchtermuchty, the Barony of Strathmiglo being by the Crown's charter 1684 conveyed (all except eight acres of it) cum potestate et privilegio communitatis et pasturæ in that commonty, Mrs Balfour claimed a proportion of it corresponding to the valuation of the Barony, whereas the other heritors contended, that as by the proof only the lands of Demperston had possessed that common pasturage, the valuation only of these lands and not of the whole Barony could be computed. The Lords remitted to me to hear the lawyers on that point, and I this day reported it,—and we unanimously found, that only the valuation of the lands of Demperston ought to be computed and not of the whole,—and that in these divisions it made no alteration whether any of the parties' lands were erected into Baronies or not. The lawyers on both sides seemed to agree in making this a common property, but the Court seemed to think it only a servitude, but had no occasion of deciding that point.