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Scottish Court of Session Decisions >>
Hamilton v Tweedie. [1630] Mor 5146 (2 February 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor1205146-028.html Cite as:
[1630] Mor 5146
A minister found entitled, besides his four acres of glebe, to a horse and two cows grass out of the vicar's land next adjacent.
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A minister being desired to remove from the soums grass due to the vicar lands, wherein—— Tweedie the pursuer was infeft, and the minister defending with his designation, whereby he had privilege of pasturage, seeing the whole vicar-lands were twenty-six acres, and the minister had only four thereof deigned; and so he ought to have pasturage, seeing the kirk-land had the pasturage of twelve soums grass. The Lords found, that albeit the minister bruicked four complete acres for his glebe, yet he ought also to have a part of the privilege of pasturage, which was due to the vicar's land, and wherein the vicar's feuar was infeft; and therefore they found due to the minister the privilege of one horse grass for his travelling to presbyteries, and others his lawful business, and of two cows grass for his house and family; and that the pursuer had right to the rest, and that the minister should have no more.
