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Scottish Court of Session Decisions >>
Bairdner of Cultmiln v The Lord Colvil and Others. [1695] 4 Brn 279 (20 November 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040279-0623.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Bairdner of Cultmiln v. The Lord Colvil and Others
Date: 20 November 1695
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In the action pursued by Bairdner of Cultmiln, against the Lord Colvil and others, anent his right to a servitude of pasturage in some lands,—the defence in the act of litiscontestation being that they had prescribed an immunity from the pasturage, and the reply being on interruption; the reply was proven, but not the defence; whereon my Lord Colvil craved to be reponed to other defences, seeing he was minor at that time, and abroad. The Lords reponed him, if they were injure and instantly verified.
Then he alleged that the pursuer's title was null, being a feu of kirk-lands granted by the Abbot in 1553, and neither confirmed by the Pope nor the King, as is required by the 7th Act of Parliament, 1584. The Lords found the said defence relevant and proven by the charter lying in process; but sustained this answer for eliding it, that they offered to prove confirmed.
