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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gray of Darngavell v Russell and Others. [1752] 2 Elchies 447 (22 January 1752) URL: http://www.bailii.org/scot/cases/ScotCS/1752/Elchies020447-002.html Cite as: [1752] 2 Elchies 447 |
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[1752] 2 Elchies 447
Subject_1 POSSESSION.
Date: Gray of Darngavell
v.
Russell and Others
22 January 1752
Case No.No. 2.
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Possession immemorial being proved, possession retro is presumed; and therefore in a question between the feuars of Auchtermuir, one of them having in his original charter in 1618 by the family of Yester, superior, a clause (in the clause of pasturage) giving him six soums grass more than he formerly possessed, (i. e. when he was only tenant) which the other feuars contended did not give him a larger pasturage than them, their feus being all equal, but was only intended to make him equal with them; but he having proved possession immemorial of six soums more than they, the Court presumed his possession retro, and found him entitled to six soums more than the rest, 10th December 1751, and 24th January 1752.
See Commonty.
The electronic version of the text was provided by the Scottish Council of Law Reporting
