Scottish Court of Session Decisions

Subject_1 PART AND PERTINENT.

Kerr
v.
Struthers

Date: 21 November 1753
Case No. No. 1.

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Kerr of Littledean pursued reduction and improbation against Struthers of his rights of the lands of Cakemuir, as part and pertinent of Newthorn, part of the Barony of Littledean, whereof he produced the infeftments. The defender denied that they were part and pertinent of Newthorn, and an act before answer was pronounced. By the proof, it appeared that the defender's lands were but a small piece of ground surrounded on all sides except one, by the pursuer's lands of Newthorn, having now no house upon it, and when the cottage that was on it became ruinous, that the heritor lived in a cottage in Newthorn, which seemed also to be part of these lands. Because the defender brought no sort of proof of its being held of another superior, nor of its being a separate tenement, or part of another tenement, either by writing or by parole evidence, but rested his defence on denying its being part of the pursuer's Barony, the Court found sufficient evidence to presume that it was part of tbe pursuer's Barony, and therefore sustained his title, 19th July 1753. Altered, 21st November, and found no sufficient title.

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