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Scottish Court of Session Decisions >>
Campbell v Campbell. [1610] Mor 14250 (16 February 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor3314250-004.html Cite as:
[1610] Mor 14250
Right of Salmon Fishing by what form of words established.
Campbell v. Campbell
Date: 16 February 1610 Case No. No. 4.
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It was found, in an action of removing pursued by Sir Duncan Campbell, of Glenurchy, contra Alexander Campbell, Prior of Ardchatton, that a sasine of a barony, or third part of a barony or Lordship, disponed to Glenurchy to be holden of the Earl of Argyle, did comprehend salmon fishings, albeit the barony was not holden of the King; specially in respect the sasine bear him to be infeft in the haill fishings, as well upon the sea as fresh waters, which was found to include salmon fishings.
Fol. Dic. v. 2. p. 360. Kerse, MS. fol. 73.*** Haddington reports this case:
An infeftment of lands cum piscationibus tam in mari quam aquis dulcibus, found to be a sufficient right to salmon fishing, albeit it made no mention of salmon fishing, and that the land was holden of the Earl of Argyle.
