This case concerns the division of the commonty known as the "Fell of Preston," a hilly area. Richard Oswald, pursuer, and Andrew Grant et al., defenders, are heritors in the same district. The Fell of Preston is one commonty located in the barony of Preston. Another commonty in this same barony is the "Merse of Preston," a seaside area. Grant et al. argue that the division of the Merse of Preston was based on customary use. Grant et al. were excluded from this division, which occurred in 1731. Grant et al. claim that the division of the Fell of Preston should be similarly divided, based on customary use. Under this type of division, the defenders argue, Oswald would be excluded from rights in the Fell of Preston. Oswald counters that he has a right of common property in the Fell of Preston.