Scottish Court of Session Decisions

Subject_1 JURISDICTION.
Subject_2 DIVISION IV.

Jurisdiction of the Court of Session.
Subject_3 SECT. VII.

Nobile officium.

Mr William Steel
v.
Sir William Dalrymple

Date: 15 June 1751
Case No. No 162.

The Lords having advocated from a Presbytery, a process for designation of grass to a Minister, made the designation themselves.

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Mr William Steel, Minister of Heriot, applied to the Presbytery for a designation of grass, and obtained it out of the ground belonging to Sir William Dalrymple; who suspended, for that the designation was exorbitant in quantity; and condescended on a piece of ground more proper for the purpose.

After a good deal of procedure, the Lords remitted to two of their number to view the ground, and report; which they did, that the ground designed was insufficient and improper; and pitched on another piece of Sir William's ground, as proper.

The Lords approved of the report, and, without remitting to the Presbytery, decerned the ground to belong to the Minister.

Act. D. Dalrymple. Alt. Brown. Fol. Dic. v. 3. p. 350. Falconer, v. 2. No. 209. p. 252.