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Scottish Court of Session Decisions >>
John Brown v John Kinloch. [1775] Mor 14542 (20 December 1775)
URL: http://www.bailii.org/scot/cases/ScotCS/1775/Mor3314542-045.html Cite as:
[1775] Mor 14542
Servitude of Pasturage. - Servitude of Feal and Divot.
John Brown v. John Kinloch
Date: 20 December 1775 Case No. No. 45.
Import of a servitude of casting turf, feal, and divot, constituted by possession.
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The Court approved of the Lord Ordinary's interlocutor, finding, “That the use of the servitude is not to be extended farther than what is sufficient to answer the purposes of those who possess and have their actual residence upon the grounds found entitled to the servitude;” on this ground, that the servitude is acquired prædio.
Act. Rae.Alt. Nairne.Clerk, Ross.
Fol. Dic. v. 4. p. 281. Fac. Coll. No. 209. p. 157.
