Scottish Court of Session Decisions

Subject_1 BURGH ROYAL.

Burgesses of Irvine (Renfrew)
v.
The Magistrates

1752, June 30.
Case No. No. 31.

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

Anderson and others, Heritors and Burgesses of Renfrew, pursued reduction of certain leases of part of the Town's commonty, where the pursuers were wont to pasture for two 19 years, taken by some of the Council for next to an elusory rent as 14 or 16 pence the acre, and the Town obliged to inclose. The Magistrates objected to the pursuers' title; and we all agreed, that if the pursuers had a right of pasturage they had a good title. The President again thought, that though they had not a title to call them to account touching the Town's revenues, yet they had touching alienation of the Town's property. The pursuers averred from the Bar, that they had immemorially pastured there, and had a common herd for all the Burgesses, and paid for the pasturage only 6d. to that herd, which the defenders lawyers would not deny, but would not admit it. On the vote, it carried to sustain the pursuers' title; in which I concurred, because of their possession of the pasturage; but we could proceed no further, as there was yet no warrant to discuss the reasons of reduction, that preliminary question alone being reported by Minto.—10th July, Adhered.