What title requisite. - What time requisite. - Connection of possession.
Maxwell of Cowhill, v. Portrack
Date: 26 March 1628 Case No. No 1.
Lands being disponed cum piscationibus, with continual possession of salmon-fishing, this found sufficient defence against removing, although it was alleged that salmon-fishing being inter regalia, could not be comprehended under the general clause, cum piscatioinbus.
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In an action betwixt Maxwell and Portrack, whereof mention is made 21st March 1628, voce Sasine, the Lords found the defender's infeftment of his lands from the King's Majesty, of whom the same were holden cum piscationi-bus iu aqua de Nith, with continual possession of fishing of salmon within the said water, by the defender and his predecessors, conform to their said infeftment, and use of debarring of all others from fishing of salmon therein, was sufficient, and sustained the same to defend the excipient in this removing, it being a possessory judgment against this pursuer, and his pursuit founded upon special right of the salmon fishing, disponed to him and his predecessors expressum; and had no respect to the reply made by the pursuer, whereby he alleged, that salmon-fishings were inter regalia, and could not be comprehended under the general clause cum piscationibus, and that they were not disponed, except they were specifice and per expressum disponed; which reply was repelled, and the said exception sustained.
