Tenant failed to remove grass land at lease end, claiming harvest right under Keith v. Logies, but court held 'grass' meant land to vacate, not a crop.
Court remits lease dispute over grass removal timing and contractual obligations to Second Division for opinion on legal principles and local practice.
Appendix to Revised Condescendence for Defenders contains historical extracts and financial records concerning the Deanery of Restalrig, including royal grants, stipends, and disputes over burial ground sales.
Defenders argue South Leith and Restalrig were one parish with two benefices, and the society’s funds were lawfully used for charitable and parish purposes.
Answers by the defenders to the argument that the ground in dispute is a public burying-ground, asserting their right by immemorial possession and prescription.
Defendants deny ownership of Restalrig churchyard, challenge validity of Kirk-Session’s title and 1771 feu-charter, and dispute claims of unwarranted possession and damage.
Defenders assert historic prescription and usage to retain possession of Restalrig burial-ground, denying parish ownership and any obligation to account for emoluments.
Pursuers claim Kirk-Session holds ancient burying-ground by historic charters; defenders deny ownership and allege lawful possession by Friendly Society.
Kirk-session and heritors of South Leith sue a self-styled 'Friendly Society of Restalrig' for unlawful possession of the parish churchyard, demanding its return and £1,000 damages.