Date of Decision: 1773
Abstract: Drivers of sheep commonly use a road through the properties of pursuers Joseph Allan and Alexander Morton to get to a sheep fair in Kilbride. Allan and Morton want to mitigate or stop the use of this road for the passage of sheep. Allan and Morton insist that the sheep-drivers have no right to use this road because there are other routes available. They specifically allege that another road to the west of Allan and Morton, called the "peat-road," is a suitable path. Defenders John Stewart and James Stewart are heritors of the lands that include this peat-road. John and James Stewart maintain that the peat-road is private, not public. They also claim that Allan and Morton cannot summon them into this case as defenders because Allan and Morton have no legal interest in the peat-road.
Subjects: Property, Roads, Servitude

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