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Scottish Court of Session Decisions >>
Sir David Cunningham v Scot. [1751] Mor 16761 (22 February 1751)
URL: http://www.bailii.org/scot/cases/ScotCS/1751/Mor3816761-185.html Cite as:
[1751] Mor 16761
If the tenant be admitted for his master to prove the marches of his own possession?
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The objection to a witness adduced by Sir David, for proving that James Scot had encroached upon Sir David's property, by ploughing and inclosing a part of Drumshortand-muir, that belonged to Sir David, That he had an interest as being tenant of the ground that lay contiguous to the alleged encroachment, and had ploughed part of that very muir, which was the subject in controversy, and so would be a gainer or loser by the cause, and which the Commissioner for taking of the proof had sustained, was so far repelled as to allow the witness to be received, reserving the consideration of the objection till advising; the like occurring every day in questions about marches, where the tenant himself is always received.
