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The King v Murray of Livingston, Lord Torphichen, and Elies of Elieston. [1686] 3 Brn 584 (19 February 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Brn030584-0892.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 19 February 1686
The King v. Murray of Livingston, Lord Torphichen, and Elies of Elieston
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The King's reduction against Murray of Livingston, the Lord Torphichen, Mr John Elies, and other heritors adjacent to Drumshorlan-muir, was reported by Pitmedden; and the Lords find not only those heritors whose charters bear the muir of Drumshorlan per expressum, but even those which only carry the common clause, cum communi pastura, have a right of servitude on it, if they can prove prescription by forty years' possession; though it was alleged to be imprescriptible, as a part of the King's patrimony, though unannexed.
