Wedderburn of St Germans, and Others, v. York-Buildings Company
Date: 26 November 1753 Case No. No. 76.
A division of a muir upon the title of an infeftment with an alleged 40 years possession of common pasturage, not sufficient without a proof of possession.
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A division of the muir of Tranent being demanded in a process by some neighbouring heritors, who held their lands feu of the Earl of Winton, against the York-Buildings Company, successors to the Earl; and the titles founded on being infeftments of the lands belonging to the pursuers, with parts and pertinents, and an allegation of 40 years possession of the muir by common pasturage; an act was pronounced for dividing the muir. In a reclaiming petition, it was objected, That the pursuers could not legally carry on this process till their titles were instructed, to which a proof of possession was necessary. “And accordingly, the Lords sustained the objection, and found, that the pursuers must prove their possession, in order to make good their titles, before proceeding to a division.”
