A Common.
Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
Legal Subject: Commonty |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Oswald v. Grant | 1772 | Commonty, Common lands, Feu, Heritor, Valuation, Proof | This case concerns the division of the commonty located in the barony of Preston, known as the "Fell of Preston," a hilly area lying in the Parish of Kirkbean. Richard Oswald, pursuer, and Andrew Grant et al., defenders, were heritors in the same district. Grant, et al, claimed that Oswald had no right to that land because he was excluded earlier when the Merse of Preston, a seaside area located in the same barony, was divided. Grant et al. argued that the division of the Merse of Preston was based on customary use. Grant et al. were not excluded from this division, which occurred in 1731. Grant et al. claimed that the division of the Fell of Preston should be similarly divided, based on customary use. Oswald countered that he had a right of common property in the Fell of Preston. |
| Young and Others v. MacDonald | 1779 | Commonty, Burgess, Burgh Royal, Tack, Interlocutor, Rent | The Royal Burgh of Burntisland held some land, called the Links or Commonty, upon which "from time immemorial" the burgesses would pasture their animals and wash, bleach, and dry their clothes. The Commonty was tacked to an individual who was charged with its upkeep, in exchange for which the burgesses whose livestock grazed on the land paid a grass-mail (rent). In 1776, Alexander MacDonald, tacksman for the Commonty, received permission from the town council to raise the annual grass-mail from less than five shillings to ten shillings per beast. Several burgesses applied to the Court of Session for a suspension. Lord Kennet rejected their request. They then applied to the Court to for review, arguing that neither the charger nor the Magistrates had the authority to encroach upon their rights to the Commonty. “It is well known, that every royal burgh has its own privileges and common-good, for behoof of its inhabitants . . . the Kings of Scotland, when they gave any village the privileges of a royal burgh, also gave them lands, or a common-good, for the support and encouragement of its inhabitants. They are called common lands and common-good, for this reason, that every inhabitant has an equal interest therein.” On December 9, 1779 the Court suspended the letters simpliciter, and soon afterward MacDonald submitted a petition. He argued that the Magistrates had sole authority over the disposal of the Commonty: "That Magistrates of royal burghs, as administrators of the property and common good of the burgh, can exercise every act of property and dispose of the same to the best advantage, is undoubtedly established.” |
Documents discussing this subject (41)
- Alexander Innes v. Dame Georgina Lamont or Keith and Others — 16 Jul 1857
- Alexander Innes v. Dame Georgina Lamont or Keith and Others — Report, 7 Jan 1858
- Alexander Innes v. Dame Georgina Lamont or Keith — Appendix to Reclaiming Note, 12 May 1859 [2]
- Alexander Innes v. Dame Georgina Lamont — Reclaiming Petition, 12 May 1859
- Alexander M'Donald v. John Young, Mrs. Ballantyne, John Crawford — Answers, 30 Dec 1779
- Allan v. Stewart — Information, 23 Oct 1771
- Andrew Grant, Daniel Duff and M'Kie, and Ebenezer M'George v. Richard Oswald — Memorial, 25 Apr 1772
- Appendix to Reclaiming Note, Robert Sangster and Others, (Trustees of the late Malcolm Stewart, Esq.) against Lord Wood's Interlocutor
- APPENDIX. RENUNCIATION by the Honourable CHARLES Augustus Murray in favour of his Grace the Duke of HAMILTON and BRANDON, &c., of the Liferent of the Superiority of the Lands of Wh
- Burrell v. Lord Glenlee's Interlocutor — Petition, 9 Feb 1798
- Charles Augustus Murray v. Archibald Campbell — Respondents' Case, 22 Jun 1829
- Charles Duke of Queensberry and Others v. Edward Irving of Wiesbie and Others, Trustees appointed by the deceased John Irving of Bonshaw — Memorial, 1 Oct 1764
- Complainers' Case — Revised Case for General Sir James Duff, of Kinstair, Richard Wharton Duff, Esquire, of Orton, and Stewart Souter, Esquire, of Melrose, Trustees of the late James Earl of Fife in the Conjoined Processes of Declarator, Division of…
- David Lord Viscount of Stormont v. Sir William Douglas of Kilhead and Alexander Macconochie — Memorial, 15 Jan 1782
- Hugh Cleghorn and others v. Charles and Cathcart Dempsters — Information, 2 Apr 1807
- II.—CONDESCENDENCE for Pursuer, and ANSWERS thereto for DEFENDERS.
- James Aytoun v. The Magistrates of Kirkaldy and Beveridge's Trustees — Answers [2]
- John Caddell v. Mathew Haldane — Answers, 7 Oct 1780
- John Carlyle of Lime-Kilns v. Matthew Sharp of Hoddam — Answers, 4 Jan 1743
- John Young v. Alexander M'Donald — Answers, 25 Nov 1779
- Joint Minute for Alexander Innes, Esq. of Cowie, Pursuer, and for Patrick Keith Murray, Esq., and Others,—Defenders; in Action of Division of the Commonty of Cowie. W. & J. Cook, W.S., Pursuer's Agents. Murray & Logan, W.S., Defenders' Agents
- LC Volume 03 — Petition, 26 Jan 1808 [2]
- LC Volume 04 — Petition, 26 Jan 1808 [2]
- M19-1780s doc0033
- Magistrates and Town Council of Lochmaben v. James Ferguson — Memorial, 23 Apr 1795 [3]
- Magistrates and Town Council of Lochmaben v. James Fergusson and Others — State of the Process, 7 Jul 1794
- Malcolm Stewart v. Henry Black Stewart — Answers, 10 Jan 1845 [2]
- Malcolm Stewart v. Henry Black Stewart — Answers, 22 Jan 1845 [2]
- Mrs Catharine Sinclair and others v. David Henderson — Memorial, 11 Dec 1770
- No. 41 of process. VII.—MINUTE of AMENDMENT of the LIBEL. No. 5 of process. VIII.—MINUTE for Mrs Margaret Gordon or Thomson, and Dr Thomson, her Husband.
- Petition — David Henderson of Stempster, Esq
- Petition — John Carlile of Limekills
- Petition — Marquis of Annandale for Renewal of an Act & Commission
- Petition — Robert Henderson against Inner-House Interlocutor
- Richard Oswald v. Andrew Grant, Daniel Duff and Mackie, and Ebenezer Macgeorge — Memorial, 25 Apr 1772
- Sir Michael Stewart of Blackball, Baronet, and William Cuninghame of Craigends, Esq; v. Captain John Pollock — Memorial, 12 Feb 1760
- Thomas Thomson and Earl of Kintore v. Anthony Donald and George Roger — Reclaiming Petition, 5 Dec 1829 [2]
- Thomas Thomson and the Earl of Kintore v. Anthony Donald — Answers, 11 Apr 1829
- William Irving of Bonshaw v. Charles Duke of Queensberry and Dover, Sir John Douglas of Kelthead and William Currie-Carlyle of Bridkirk — Memorial, 1 Oct 1764
- William Pagan v. David MacRae and Mrs Margaret Falconer or MacRae — Appendix, 6 Jun 1855
- Young and Others v. MacDonald — Petition, 13 Nov 1779
