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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir William Ker v Sir William Bennet, Charles Murray, &c. [1683] 3 Brn 453 (13 February 1683) URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn030453-0677.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
Date:13 February 1683 Sir William Ker
v.
Sir William Bennet, Charles Murray, &c
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The process betwixt Sir William Ker and Sir William Bennet of Grubet, Charles Murray of Haldane, and Others, anent the debatable lands on the borders between Scotland and England, being advised; the Lords found the King and Sir William Ker, his donatar, had the right of property; but that prescription might also run against his Majesty; and therefore found that the neighbouring gentlemen, having conterminous and adjacent lands, might prescribe, by forty years' possession, a right of commonty, and a servitude of pasturage through the same.
The electronic version of the text was provided by the Scottish Council of Law Reporting