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Scottish Court of Session Decisions >>
Earl of Wigton and Lockhart of Carnwath v Feuars of Biggar and Quotquam. [1739] Mor 2468 (1 February 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor0602468-006.html Cite as:
[1739] Mor 2468
Earl of Wigton and Lockhart of Carnwath v. Feuars of Biggar and Quotquam
Date: 1 February 1739 Case No. No 6.
The rule of division found to be, not the value of the tenements that by contiguous to the commonty, but only of the tenements which have been in use to pasture there.
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In the division of a common muir, where one of more farms of a barony had only been in use to pasture and cast turf upon the common muir, the proprietor of the barony was allowed a share in the division conform to the valuation, not of the whole tenement or barony, but of the particular farm that had been in use to pasture, &c. upon the common muir; although there were other parts of the tenement or barony lying contiguous with the muir and particular farm, which had only been in use to pasture, &c.
