Scottish Court of Session Decisions

Subject_1 CITATION.
Subject_2 SECT. XII.

Citation in Declarator of Marches.

The Laird of Livingston
v.
The Feuars of Falhouse

1662. February.
Case No. No 48.

Found in conformity with the above, and seems to be the same case.

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There being an action of molestation pursued before the Sheriff of Linlithgow, betwixt the Laird of Livingston and the feuars of Falhouse, anent some marches betwixt them, wherein mutual probation was adduced; and it being proven for Livingston, That his author, the Earl of Callander, and the feuars, having submitted the cognition and determination of the marches to indifferent arbiters, they did set the march stones by consent of the parties, in respect whereof the Sheriff decerned the march stones to be fixed, and kept according to the former determination; this decreet being called in question, the reasons of reduction were mainly these two; 1st, There was nothing to verify the submission, and it could not be proven but scripto; 2do, The Lord Torphican, superior to the said feuars, was not called, and now he concurred in the reduction.—To the first it was answered, That betwixt neighbours, the matter of marches might very well be determined by a verbal reference to indifferent friends, and both submission and determination might be proven prout de jure, without writ; To the second it was answered, That the superior had no prejudice, and consequently no interest; and if the property should fall in his hands by any casuality, a decreet given against him, he not being called, will not prejudge him.

The Lords assoilzied from the said reasons, in respect of the answers, which they found relevant. See Proof.

Fol. Dic. v. 1. p. 136. Gilmour, No 27. p. 22.