Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 RUN-RIG LANDS.

David Russell, and Other Feuars of Tranent,
v.
The York-Building Company

Date: 28 January 1774

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David Russell, and Others, feuars of the run-rig lands of Tranent, a burgh of barony, pursued a division thereof on the Act 1695, in which they were opposed by the York-Building Company, the superiors, and others. It was admitted that the lands lay really run-rig; but the question came, Whether the division should stop; because there were lands belonging to eight different proprietors, which lay contiguous, that is, not in separate parcels, and from which, it was contended, they could not be removed. The question was truly the same which occurred in the case of Inveresk, 13th November 1755, with this single difference, that, in place of only one single property intervening to stop the division, here there were several. But the Lords, on report of Lord Kaimes, repelled the objections to the title of the pursuers, and to the competency of the action, and allowed the division to proceed: and repelled the objection, that the eight feuars have their several properties in one plot, each by themselves, and cannot be transported from one station to another; and found that it was competent to the Commissioners, in making the division, to set off the shares of the parties on either side of the town, as shall be most convenient for the general interest, and without regard to the place where their respective possessions were before the division.

And, on reclaiming petition and answers, the Lords adhered.