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Defender argues res judicata bars claim over grass removal timing, asserting lease expired with hay crop separation and he complied with cropping obligations.

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Lyall seeks to reclaim farm of Mains of Gallery from Cooper, who refuses to vacate grass lands despite lease terms and local custom requiring removal at Whitsunday 1827.

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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.

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Court remits lease dispute over grass removal timing and contractual obligations to Second Division for opinion on legal principles and local practice.

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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.

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Minute of Tack recording a 19-year farm lease agreement between David Lyall and Robert Cooper, with escalating rent tiers.

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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.

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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.

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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.

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Defenders assert historic prescription and usage to retain possession of Restalrig burial-ground, denying parish ownership and any obligation to account for emoluments.