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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Livingston of Parkhall v The York-Building Company. [1776] 5 Brn 559 (10 July 1776)
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Cite as: [1776] 5 Brn 559
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[1776] 5 Brn 559
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 PROPERTY.
Date: Livingston of Parkhall
v.
The York-Building Company
10 July 1776 Click here to view a pdf copy of this documet : PDF Copy
In a process betwixt the York-Building Company and Livingtone of Park-hall, the Earl of Calendar having feued out lands to Livingston's ancestors, “excepting and reserving to the said Earl liberty and privilege to win coal, lime, and limestone, make stank-holes, and sink-ways and passages, for payment of damages, at the sight of two honest men;” this clause was found, by Lord Kaimes, Ordinary, 31st January 1776, to constitute a right of property to the York-Building Company, Lord Calendar's successors, in the coal in question. And the Lords adhered.
See same point, Magistrates of Innerkeithing against Mowbray of Cockairny, 21st January 1778.
The electronic version of the text was provided by the Scottish Council of Law Reporting