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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Porteous, &c. v Joseph Allan and Alexander Morton. [1769] 5 Brn 598 (00 January 1769)
URL: http://www.bailii.org/scot/cases/ScotCS/1769/Brn050598-0716.html
Cite as: [1769] 5 Brn 598
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[1769] 5 Brn 598
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 SERVITUDE.
Porteous, &c
v.
Joseph Allan and Alexander Morton
1769 .Click here to view a pdf copy of this documet : PDF Copy
Besides the public and private roads for the use of travellers through Scotland,
there are other roads, called cattle or drove roads, which have received the sanction of the Supreme Court. Porteous of Carnicoupe, and other store-masters in the parishes of Lesmahagow, Douglas, and Muirkirk, claimed right to a drove road through the grounds of Joseph Allan of Castlebroket, and Alexander Morton of Chapel, for carrying their sheep to the market of Kilbride : the defenders interrupted them in this possession, and insisted that they should drive their sheep by the common highway ; but, in a process, the Lords first granted them an interdict, uti possidetis, and then, upon proof of immemorial possession, found them entitled to the road demanded, and gave judgment accordingly.
The electronic version of the text was provided by the Scottish Council of Law Reporting