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Scottish Court of Session Decisions >>
Lady Gray v Blairs. [1782] Mor 14151 (17 January 1782)
URL: http://www.bailii.org/scot/cases/ScotCS/1782/Mor3214151-007.html Cite as:
[1782] Mor 14151
The statute found not to authorise exchanges to a larger extent than four acres at one place.
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The lands of Inchyra belonged to Lady Gray, to Mrs Blair of Inchyra, and to Mr Blair of Balthyock; and their respective properties lay blended together in a great number of fields of different sizes. Some of these fields consisted of thirty-five acres, same of them of ten; but by far the greatest part did not exceed five acres.
Lady Gray insisted in a division of the whole, upon the 23d act Parliament 1695, entitled, ‘An Act anent lands lying run-rig.’
The Lords seemed to be of opinion, That the latest decisions had rather gone beyond the intention of the Legislature, when authorising the division of run rig lands. It was likewise observed on the Bench, that the decision Sir Laurence Dundas against Bruce of Kinnaird, in 1773, could not be quoted as a precedent, the process of division in that case having met with no serious opposition; In this case, they refused to sustain action as to the fields containing more than four acres. See Appendix.
Lord Ordinary, Elliock.Act. Nairne.Alt. Rolland.Clerk, Campbell..
Fol. Dic. v. 4. p. 247. Fac Col No 19. p. 37.
