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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Forbes v Udney. [1701] Mor 10929 (3 December 1701)
URL: http://www.bailii.org/scot/cases/ScotCS/1701/Mor2610929-167.html
Cite as: [1701] Mor 10929

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[1701] Mor 10929      

Subject_1 PRESCRIPTION.
Subject_2 DIVISION III.

What Title requisite in the Positive Prescription.
Subject_3 SECT. XIII.

What kind of possession requisite. - Connection of possession.

Forbes
v.
Udney

Date: 3 December 1701
Case No. No 167.

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In a proof of 40 years possession of a salmon-fishing, a party proved his possession as to fishing by angle, speer, and wand, and that it was accounted a part of his tenant's liveliehood, and that the river fronting his ground was ever reputed his, &c. This was not found a sufficient possession for salmonfishing.

Fol. Dic. v. 2. p. 112. Fonntainhall.

*** This case is No 40. p. 7812., voce Jus Tertii.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1701/Mor2610929-167.html