Scottish Court of Session Decisions

Subject_1 COMMONTY.

Sir David Dalrymple
v.
Hay of Drummelzier

Date: 6 November 1739
Case No. No 7.

Found in conformity with the preceding case.

Click here to view a pdf copy of this documet : PDF Copy

It has been found in February last in the division of the muir of Biggar, that where one tenement of a barony only has been in use of pasturing upon a common muir, the heritor of the barony was, in a division, entitled only to a share of the muir corresponding to the value of that particular tenement, much against the opinion of some of the Lords, who urged, that the heritor of the barony should be entitled to a share corresponding to the value of the barony, in so far as it was contiguous to the tenement that had been in use to pasture. When this case between Sir David Dalrymple and Drummelzier came in, the very same question again occurring, The Lords, without reasoning, gave the same decision.

Kilkerran, (Commonty.) No 4. p. 126.