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Cite as: [1613] Mor 12769

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[1613] Mor 12769      
Subject_1 PROPERTY.

Somerville
 v.
Somerville

 Date: 10 March 1613
Case No. No 1.

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In an action betwixt John Somerville and Alexander Somerville, the Lords found, that albeit both their rights proceeded ab eodem auctore, yet seeing John Somerville's tenant was not obliged in a servitude to the other pertaining to Alexander Somerville, that he might lawfully bigg ad cœlum usque. Item, It was found, that albeit John Somervilie bigged after the Dean of Guild's discharge, that he should not be obliged to demolish, seeing it was now tried quo jure edificavit.

 Fol. Dic. v. 2. p. 274. Kerse, MS. fol. 110.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1613/Mor3012769-001.html