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Scottish Court of Session Decisions >>
Lord Gairlies v Makulloch. [1606] Mor 14250 (00 March 1606)
URL: http://www.bailii.org/scot/cases/ScotCS/1606/Mor3314250-003.html Cite as:
[1606] Mor 14250
Right of Salmon Fishing by what form of words established.
Lord Gairlies v. Makulloch
1606.
March. Case No. No. 3.
Found in conformity with the above.
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In a removing from salmon fishing, pursued by the Laird of Gairlies against Makulloch, it was alleged, that the defender was infeft in the lands adjacent to the water, with the clause cum piiscationibus in verbis dispositivis before the tenendas; and, by virtue thereof, in possession past memory of man, (it being no coble fishing.) It was replied, that salmon fishings were regalia, and required express infeftment, and this fishing was a salmon fishing in water where the sea ebbed and flowed. In respect of the which reply, the Lords repelled the exception.
