Scottish Court of Session Decisions

This case arises out of a question of disputed boundary in a proposed mineral lease by the pursuer, Mr Steuart of Carfin, to the defenders, the Mossend Iron Company; and the following are the issues:—

“Whether the Muirpit dyke, in so far as it is described in the lease No. 5 of process as a northern boundary of the mineral field thereby let, is situated to the south of the pursuer's pit, marked 6 on the Ordnance plan, No. 124 of process; and whether the defenders have wrongfully failed to implement their part of the said lease, to the loss, injury, and damage of the pursuer.” Amount claimed, £7425. Or,

Whether the defenders subscribed the said writing (No. 5 of process) under essential error as to the situation of said Muirpit dyke? “

On the calling of the case to-day, Mr Broun, for the pursuers, put in a minute consenting to the case being disposed of upon the same footing and to the same effect as if a verdict had been returned for the defenders under both issues; and the authority of the Court having been interponed thereto, the case was accordingly taken out of Court.