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The Lord Ordinary ordered cases, which were lodged accordingly for the pursuer, and the defender, Holden, respectively.
The Lord Ordinary, (20th March 1840,) made avisandum with the cases and whole process to the Court .
Lord Medwyn .—The pursuer has produced no title prior to his Crown charter 1819, which, among other subjects, conveys ‘the barren ground lying on the north side of the highway, opposite to the acres of land last described, betwixt the highway on the south, and the water of Tay on the north, including all the rocks opposite to the said lands, ∗ ∗ ∗ and with power and liberty to build additional bulwarks and piers, one or more, on any part of the said water of Tay, opposite to the said lands of Newport and barren ground above disponed.’
This subject, in 1786, belonged, in property, to Mr Lyon of Kinnaird, when he feued a portion of it to Thomas Just, and described the boundary on the north parts, as the flood-mark, ‘with the privilege of shipping and unloading goods, or any thing else he thinks proper, to and from the sea, by a road the said Thomas Just is to make out on the said lands, leading from the King's highroad; reserving to me, and my heirs, successors, feuars, and tenants, the use of the said road for carrying goods to and from the sea.’
It is alleged by the pursuer, that this is a bounding charter, purposely so expressed, and conveying less at the north boundary than Lyon had under his charter.
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