What Title requisite in the Positive Prescription.
Subject_3 SECT. XI.
What Title requisite to the Prescription of annual Duties and Prestations?
The Minister of North Leith v. Merchants of Edinburgh
Date: 10 February 1666 Case No. No 146.
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The Minister of North Leith having pursued some Merchants in Edinburgh, importers of herring, of dry fish, killing, and ling, at Leith and Newhaven, to pay 20 shillings of the last of herring, and the 20th part of the killing and ling; it being alleged, That such a burden could not be allowable, because the teinds were taken where the fish was taken; 2dly, That it could only reach the parishoners of North Leith, not the merchants of Edinburgh; and, 3dly, That they had frequently traded free of such a burden.
The Lords having ordained the pursuer to adduce evidences by writ or witnesses, what possession they had, and the defenders what liberty they had; and having heard the testimonies of the witnesses, with an old decreet for the same particulars, but not against the merchants of Edinburgh, nor for dry fish, they found 40 years possession proven of the said burden, and therefore decerned.
