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Scottish Court of Session Decisions >>
Sir James Clelland v Clelland. [1619] Mor 12769 (19 January 1619)
URL: http://www.bailii.org/scot/cases/ScotCS/1619/Mor3012769-002.html Cite as:
[1619] Mor 12769
A neighbour may build a bridge over a ford become impassable, and fasten it on the other side in another's lands.
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Ane action to suffer Sir James to bigg a bridge over a foord of Peddersburne on both the sides thereof, both of his own of Munkland, and the defender's of Fosken, because there has an old way been these 40 years from Munkland to the kirk, and for the hail lieges be east to Glasgow be that foord; whilk foord is now grown so deep, as it is impassable by foot or horse, at ilk speat with great danger. The Lords, in foro contradictorio, find the summons relevant, and assign a day to prove. Nota, There was, in that same session, a visitation appointed be ane other act before Clerk Hay.
Fol. Dic. v. 2. p. 274. Nicolson, MS. No 527. p. 364.
