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Scottish Court of Session Decisions >>
Sir John Seaton of Garmilton v Sir Robert Sinclair of Stevenston. [1683] 3 Brn 489 (00 January 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn030489-0734.html Cite as:
[1683] 3 Brn 489
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION. 1683 and 1684.
Sir John Seaton of Garmilton v. Sir Robert Sinclair of Stevenston
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1683. March 14.—Between Sir John Seaton of Garmilton, and Sir Robert Sinclair of Stevenston; the Lords found Garmilton could have no other servitude on Stevenston's land for his mill-dam, save what he has been in possession of; and assoilyied Stevenston from damages. But see this altered 30th current.
Vol. I. Page 225.
1683. March 30.—The Lords alter the interlocutor of the 14th current, and found Stevenston liable to refound and make up Garmelton's damage, that the water ran not towards his mill as it was wont to do: though all the servitude which Stevenston owed him in law was only a nuda patientia through his ground, and that the channel of the water was diverted casu and by speat, without any fact or deed on Stevenston's part, and could not be returned to the former channel.
Vol. I. Page 231.
1684. January 11.—Sir Robert Sinclair, upon a new advising, is assoilyied from the damages libelled by Sir John Seaton of Garmilton, as done to his mill. Anent which, vide 30th March 1683.
