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Alexander Forbes of Pitsligo v Alexander Leslie of Wardis. [1559] Mor 10599 (27 June 1559)
URL: http://www.bailii.org/scot/cases/ScotCS/1559/Mor2510599-010.html Cite as:
[1559] Mor 10599
Alexander Forbes of Pitsligo v. Alexander Leslie of Wardis
Date: 27 June 1559 Case No. No 10.
Of possession of the servitude of casting of fuel.
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Gif ony man callis and persewis ane uther for casting, leiding, or away-taking of peittis, or ony uther fewall, off ony landis or ground pertening to him in heritage, and the defendar alledge, that albeit he had castin and intromettit With the samin, he did na wrang, because he and his tenentis had bene of befoir, and zit is in possessioun of the samin ground, as part and pertinentis of uther landis pertening to him in heritage and devydit fra the persewaris landis be ane certane marche, be pasturing of gudis thairupon, and winning of fewall, and poinding of utheris coming thairon; the samin is relevant of the law, and a certane terme is assignit to baith the parties, viz. to the persewar for proving of his, summoundis, and to the defender for proving of his allegeance.
