Edmonstone and Another v. Jeffray and Others

Subject_1 Superior and Vassal Subject_2 Declarator and Removing Subject_3 Possession without Title. Facts: Held that a mere right of superiority was sufficient foundation for obtaining decree of declarator and removing against persons who, although they had possessed the subjects in dispute for the prescriptiveperiod, could exhibit no title from a vassal.

Sir William Edmonstone, Bart., was admittedly superior of, and as such infeft in the estate and barony of Kilsyth, including the lands of Barrwood.

These lands of Barrwood, were, when the ground on which the Old Town of Kilsyth was built was feued out in 1679 and subsequent years by Viscount Kilsyth, given out in proportional parts to the feuars, each along with his steading of ground. The feuars were duly infeft in the proportions of the lands conveyed to them, and they were for long enjoyed in common property.

By redeemable disposition, dated May 1748, Daniel Campbell of Shawfield, in consideration of the sum of £57, 3s., sold and disponed to James Marshall, his heirs, successors, and assignees, a tenement in Kilsyth, “together with a privilege or servitude in the Barrwood,” redeemable on the 11th November 1827. Marshall took infeftment, and after sundry transmissions part of the subjects and the corresponding right in Barrwood came to be held by Mr William Corbett.

On 9th November 1871 a Mrs Agnes Donald or Russell, who alleged that she and her father William Donald, overseer on the Kilsyth estate, had possessed the ground in lot 39 for over fifty years though not on a written title, granted a disposition of it to Robert Hamilton, who subsequently conveyed the ground to James Jeffray and others as trustees. These latter conveyed the minerals on the ground to William Weir and others as trustees for behoof of William Baird & Co.