Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
Subject_1 Property Subject_2 Bounding Charter Subject_3 Effect of Prescriptive Possession where Lands possessed were outside Subjects bounded “by the Lands of A.” Facts: A bounding charter is one which identifies the property conveyed by its boundaries , as distinguished from one in which the identity and extent of the subjects depends only upon description .
Where a property was described in a charter as “bounded by the lands of A,” and it was possible to prove the site of these lands— held ( rev . Lord Adam, Ordinary, dub . Lord Gifford) that the limits of the property were thereby sufficiently defined to constitute the charter a “bounding” one, and that the proprietor could not prescribe beyond them.
The defender, on the other hand, refused to give way, alleging immemorial possession, and that the buildings erected by his predecessor were put up in absolute good faith and in the knowledge of the pursuers or their authors.
The writs and documents founded on sufficiently appear from the Lord Ordinary's note.
The Lord Ordinary ( Adam ) pronounced an interlocutor assoilzieing the defenders from the conclusions of the summons and decerning. He added this note:—
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.