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Scottish Court of Session Decisions >>
Monteith of Milhall v Sir Alexander Hope of Carse. [1695] 4 Brn 261 (8 February 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040261-0585.html Cite as:
[1695] 4 Brn 261
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Monteith of Milhall v. Sir Alexander Hope of Carse
Date: 8 February 1695
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Philiphaugh reported the mutual declarators between Monteith of Milhall and Sir Alexander Hope of Carse, anent a burial-place in the church of Falkirk, which of old belonged to the Monteiths of Milhall, and was claimed by Milhall, as a cadet of the family of Carse; and who also offered to prove immemorial possession.
But the Lords preferred Carse, in respect it was specifice contained in his infeftments; and, though burial-places were inter res religiosas, yet, with us, they were in commercio, and ordinarily transmitted by dispositions, with charter and seasine following thereon. And what particularly moved the Lords here, was, that Milhall and his predecessors had, by letters, sought tolerance to bury there, and so their possession had no title, but was merely precarious.
