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John Cathcart and Others, v James Weir and Others. [1785] Mor 7928 (24 November 1785)
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[1785] Mor 7928
John Cathcart and Others, v. James Weir and Others
Date: 24 November 1785 Case No. No 16.
A regular and proper division of the area of a church presumed from long possession.
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The old parish church of Greenock was built in the end of the last century, some years after the erection of that town into a burgh of barony. The parish consisted likewise of a landward district, a part of which belonged to Sir John Schaw; and of the remainder another person was superior; between whom and the former, in consequence of a written contract, a division of the area of the church took place. Sir John's share was then, and has been ever since, occupied by the country tenants and town feuers of his estate, in distinct portions, on which their respective seats were fitted up. But if any regular sub-division was made among them, the evidence of it, as not now existing, must have been lost.
Such had been the situation of this church for more than double the years of the long prescription, when a recent set of feuers, in an action brought by them, contended for a new division of the area, according to their respective proportions of valued rent, alleging, That hitherto the area had not been regularly or legally subdivided.
The cause was reported by the Lord Ordinary, when
The Court were of opinion, That there was, from the long possession, sufficient presumptive proof of a regular and proper division; and therefore
The Lords assoilzied the defenders.
Reporter, Lord Braxfield.Act. Murray.Alt. M. Ross.Clerk, Home.
Fac. Col. No 240. p. 370.
