Scottish Court of Session Decisions

Special case, as to whether a building in the course of erection, by the respondent encroaching in part on the bed of the water of Irvine, running through Kilmarnock, was within the line agreed to by Morris, an opposite proprietor. The Sheriff of Ayrshire found that it was, and refused a petition for interdict and for removal of the building so far as erected; but the Lord Ordinary, in an advocation, altered, and granted the prayer of the petition, and the Court adhered.