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Scottish Court of Session Decisions >>
Sir David Dalrymple v Hay of Drummelzier. [1739] Mor 2469 (6 November 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor0602469-007.html
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It has been found in February last in the division of the muir of Biggar, that where one tenement of a barony only has been in use of pasturing upon a common muir, the heritor of the barony was, in a division, entitled only to a share of the muir corresponding to the value of that particular tenement, much against the opinion of some of the Lords, who urged, that the heritor of the barony should be entitled to a share corresponding to the value of the barony, in so far as it was contiguous to the tenement that had been in use to pasture. When this case between Sir David Dalrymple and Drummelzier came in, the very same question again occurring, The Lords, without reasoning, gave the same decision.
