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Scottish Court of Session Decisions >>
The Earl of Dundonald v The Town of Paisley. [1700] 4 Brn 480 (26 January 1700)
URL: http://www.bailii.org/scot/cases/ScotCS/1700/Brn040480-0922.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.
The Earl of Dundonald v. The Town of Paisley
Date: 26 January 1700
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[See the prior part of this case, supra, page 466.]
The Lords, in the mutual declarators pursued by the Earl of Dundonald and Town of Paisley, anent the right of the moss, having declared the property in favours of the town, as having prescribed the right; though the charter to them by Abbot Shaw in 1494 only gave them a servitude et jus lucrandi focalia, and that the contract betwixt them seemed only relative to the former rights and possession before 1658, which is the date of that contract:—there is a protestation, for remeid of law, to the Parliament, given in by the Earl against this decreet of declarator; which was only signed by Kilmarnock, one of his curators.
