Scottish Court of Session Decisions

Subject_1 HOMOLOGATION.
Subject_2 SECT. III.

In what instances silence infers consent.

Nicol
v.
Hope

Date: 8 January 1663
Case No. No 12.

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In a perambulation of marches, if was alleged by the defender, That he had built a park dike on a part of the ground challenged by the pursuer, sciente et astante domino. Answered, Such a slender presumption of consent is not relevant to take away property, neither was it incumbent upon the pursuer to dissent, seeing he knew that what was built upon his ground would become his own.—The Lords repelled the defence, but they thought the taciturnity might operate this much, that the builder might remove the materials of his wall, or give to the pursuer the price of the land cut off from him by the park dike.

Fol. Dic. v. 1. p. 378. Stair.

*** See the case No 49. p. 2200.