Scottish Court of Session Decisions

Subject_1 JUS TERTII.
Subject_2 SECT. IV.

Objections, &c. competent to some and not to others.

Earl of Galloway
v.
Burgesses of Wigton

Date: 10 February 1631
Case No. No 64.

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One infeft feu in lands, which pertained once in burgage to a town, pursuing a removing against some burgesses, it was objected, That his title was null, by the 36th act, Parliament 1491, and by act 185th, Parliament 1593, which statutes, that the burghs may not set their common-good for longer space than three years. This was repelled, seeing neither the town, nor any party having better right, challenged the title.

Fol. Dic. v. 1. p. 522. Durie.

*** This case is No 21. p. 7193. voce Irritancy.