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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Campbells v Campbells. [1777] 5 Brn 599 (00 August 1777)
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Cite as: [1777] 5 Brn 599
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[1777] 5 Brn 599
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.
Campbells
v.
Campbells
1777 .August . Click here to view a pdf copy of this documet : PDF Copy
The same question occurred in Summer 1777, between certain gentlemen, dealers in cattle, whose grounds lay in the lower or southmost parts of Cowal, against Sir James Campbell and Others, whose grounds lay to the northward, and through which these gentlemen drovers insisted that they had right to certain drove roads, and even to resting and feeding places for their cattle, in bringing them from the Western Isles.
The Lords, in the first place, pronounced an interdict uti possidetis, with a reserve as to ground under crop, or inclosed, unless the inclosures were recently made, and stopt up the roads altogether.
The possession went to proof.
The electronic version of the text was provided by the Scottish Council of Law Reporting