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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Marshall v Linning [1834] CA 13_701a (21 July 1834)
URL: http://www.bailii.org/scot/cases/ScotCS/1834/013SS0701a.html
Cite as: [1834] CA 13_701a

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SCOTTISH_Shaw_Court_of_Session

Page: 701

Marshall

v.

Linning
No. 219.

Court of Session

2d Division

July 21 1834

Lord Justict-Clerk.

John Marshall and R. Sandilands,     Pursuers.— Sol. Gen. Cockburn— Ivory. John Linning,     Defender.— D. F. Hope— Milne.

Subject_Servitude — Road —

Prescriptive possession of a right of road.

Question between Marshall, proprietor of the lands of North Cumberhead, in the parish of Lesmahagow, county of Lanark, and Sandilands, his tenant, and Linning, proprietor of the adjoining lands of South Cumberhead—

“Whether the former and their predecessors had had, for forty years and upwards, possession of a road through the lands of the latter?”

Verdict for the pursuers.

Solicitors: W. Waddell, W.S.— J. L. Woodman, W.S.—Agents.

SS 13 SS 701 1834


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URL: http://www.bailii.org/scot/cases/ScotCS/1834/013SS0701a.html