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, are heritors in the same district. Grant, et al, claim that Oswald has 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. argue 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. claim that the division of the Fell of Preston should be similarly divided, based on customary use. Oswald counters that he has a right of common property in the Fell of Preston.