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Scottish Court of Session Decisions >>
Forbes v Monymusk. [1623] Mor 10840 (15 July 1623)
URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor2610840-106.html Cite as:
[1623] Mor 10840
What Title requisite in the Positive Prescription.
Subject_3 SECT. VI.
Title requisite to carry a right to Salmon Fishing.
Forbes v. Monymusk
Date: 15 July 1623 Case No. No 106.
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In the action betwixt Monymusk and Forbes of Barns, for the fishings on the water of Dee, the Lords gave many instances where men had salmon fishings where they had no land on either side of the water by the space of many miles; and that the privilege and servitude of drawing their nets on their neighbour's lands depended upon their possession, and was to be sustained if it were possessed peaceably past memory of man.
Fol. Dic. v. 2. p. 104. Haddington, MS. No 2900.*** Kerse reports this case:
1623. December 18.—Prescription of 40 years possession in salmon fishing sustained ad hoc, that they might draw in other men's lands than their own, albeit only infeft in a barony with salmon fishing upon a side of the water.
And when it was replied, upon interruption by a summons of ejection, the Lords repelled it quia nihil secutum.
