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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Menzies v Deans and Town of Aberdeen. [1748] 1 Elchies 368 (5 July 1748)
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Cite as: [1748] 1 Elchies 368
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[1748] 1 Elchies 368
Subject_1 PROPERTY.
Menzies
v.
Deans and Town of Aberdeen
1748 ,July 5 .
Case No.No. 8.
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The Lords found that Pitfodels cannot opere manufacto alter the course of the river. Here the river has been encroaching gradually on Pitfodels upwards of 10 years, for it is so long since the first bulwark is proved to have been built to hold it off. I was in the Outer-House, and knew not whether the judgment was unanimous. My opinion was that he could not alter it by building in alveo fluminis so as prejudge the town, which it would very probably have done, but then I thought, that on finding caution de damno infecto, as in the case Lord Braco and Duke of Gordon he might. 22d November Adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting