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Scottish Court of Session Decisions >>
Barbara Littlejohn v Wier of Stonebyres. [1695] 4 Brn 234 (3 January 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040234-0531.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Barbara Littlejohn v. Wier of Stonebyres
Date: 3 January 1695
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[See the prior part of this Case, supra, page 42.]
The Lords repelled this allegeance, That a relict kenned to a terce of lands could not claim a terce of pasturage in a muir which followed these lands; for, though there be no terce of servitudes considered separately by themselves, yet, where they are consequent and conveniencies to adjacent lands, a terce may be sought, even as in a common moss;—even as she would be burdened if the lands of her terce were the prœdium serviens, so she must have the benefit if it be prœdium dominans.
