Henry Trotter, of Morton Hall, Esq v Alexander, Earl of Marchmont; William, Earl of Home; Andrew Hogg of Harcarse, Esq; William Home and Roger Moodie;: HL 12 Feb 1736

Commonty. – Prescription – The proprietor of a moor (over which several heritors had rights of servitude,) possessed other lands, to which no servitude on the moor belonged, but the tenants of which were in use for above forty years, of pasturing cattle, andc. in common with the occupiers of the dominant lands. Found in a process of division of the moor, that the proprietor of the moor, (besides one fourth tanquam pr cipuum,) was entitled to a share in respect of these other lands.

[1736] UKHL 1 – Paton – 186, (1736) 1 Paton 186


Updated: 06 January 2022; Ref: scu.554676