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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Garden v The Earl of Aboyne. [1734] 1 Elchies 426 (27 November 1734) URL: http://www.bailii.org/scot/cases/ScotCS/1734/Elchies010426-001.html Cite as: [1734] 1 Elchies 426 |
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[1734] 1 Elchies 426
Subject_1 SERVITUDE.
Garden
v.
The Earl of Aboyne
1734 ,Nov .27 .
Case No.No. 1.
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The Lords found the servitude upon the woods a predial servitude, and may be constituted by a personal declarator with possession even against a singular successor; and remitted to the Ordinary to hear upon the other points, Whether Huntly, the Crown's ward vassal, could constitute a servitude so as to prejudge the Crown when the lands returned by forfeiture? 2dly, Whether immemorial possession will prefer retro?
The electronic version of the text was provided by the Scottish Council of Law Reporting