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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Borrowman v Sir Alexander Murray of Blackbarony. [1668] 1 Brn 572 (11 July 1668)
URL: http://www.bailii.org/scot/cases/ScotCS/1668/Brn010572-1451.html

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[1668] 1 Brn 572      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

John Borrowman
v.
Sir Alexander Murray of Blackbarony

Date: 11 July 1668

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In a molestation, pursued at the instance of John Borrowman of Nether Stewartoun against Sir Alexander Murray of Blackbarony, for casting of turfs, and carrying them away to the place of Cringlety; whereas the tenants of Over Stewarton were only in possession, but not the master; the defender was assoilyied: because he being heritor of Over Stewartoun, which lay runrig with the pursuer's lands, and the common pasturage being possessed promiscuously, the defender was content to restrict his possession in casting of turfs for him and his tenants, proportionally according to his property. Which the Lords found to be just.

Page 11.

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/1668/Brn010572-1451.html