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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Denham v. Bethune and Others [1886] ScotLR 23_456 (6 January 1886)
URL: http://www.bailii.org/scot/cases/ScotCS/1886/23SLR0456.html
Cite as: [1886] ScotLR 23_456, [1886] SLR 23_456
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SCOTTISH_SLR_Court_of_Session
Page: 456↓
Court of Session Inner House First Division.
[Sheriff of Fife.
v.
Facts:
An action to interdict the defender from golfing or “putting” on a piece of ground forming part of Pilmour Links at St Andrews was raised at the instance of Lieut.-Col. Bethune and others on behalf of the St Andrews Ladies’ Golf Club, who claimed to be tenants of the ground in question, and to have enjoyed uninterrupted possession thereof for more than seven years prior to the action. The defender maintained right, as an inhabitant of St Andrews, to golf on the ground. The Sheriff allowed a proof, and the defender applied for a jury trial. The Court were of opinion that a proof ought to be taken, and remitted to one of the Sheriffs-Substitute of the district to take a proof in the cause.
Counsel for Appellant— M'Kechnie. Agents— Mitchell & Baxter, W.S.
Counsel for Respondents— Gillespie. Agents— Mackenzie & Kermack, W.S.