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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mrs. Balfour of Burleigh v Moncrief of Reddie, &c. [1752] 2 Elchies 129 (15 December 1752)
URL: http://www.bailii.org/scot/cases/ScotCS/1752/Elchies020129-008.html
Cite as: [1752] 2 Elchies 129

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[1752] 2 Elchies 129      

Subject_1 COMMONTY.

Mrs Balfour of Burleigh
v.
Moncrief of Reddie, &c

Date: 15 December 1752
Case No. No. 8.

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A Barony was found not entitled to a proportion of the commonty corresponding to the valuation of the whole Barony, which often comprehends not only lands discontiguous and lying at great distances from each other, but also often subjects of their own nature not capable of a share of a commonty, as rights of annualrent, servitudes, patronages, jurisdictions, fishings, mills, &c. but only to a proportion corresponding to the valuation of that part of the Barony that was in use to possess the commonty. (See Dict. No. 12. p. 2479.)

See Notes.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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