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Brown of Dolphinston v Marjory Cockbuun. [1682] 3 Brn 419 (20 January 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Brn030419-0603.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Brown of Dolphinston v. Marjory Cockbuun
Date: 20 January 1682
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In the debate between Brown of Dolphinston and Marjory Cockburn, about a pasturage, the Lords found the servitude of pasturage proven: but, in regard it appeared, that, for thirty years together, the parties had always transacted it, and taken ten merks by year in lieu thereof; therefore the Lords modified and liquidated it to that price yearly, in all time coming. So that these customs of a voluntary conversion are not safe, because they may be afterwards obtruded as an acquiescence.
