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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Town and Heritors of Nairn v Brodie. [1738] 1 Elchies 367 (28 July 1738)
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Cite as: [1738] 1 Elchies 367
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[1738] 1 Elchies 367
Subject_1 PROPERTY.
Town and Heritors of Nairn
v.
Brodie
1738 ,July 28 .
Case No.No. 4.
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The Lords did not lay their difficulty here where the lawyers put it, that the water of Nairn had continued in its present channel all the last summer and this. But their difficulty was, Whether it being a flumen publicum and having changed its channel though it had been but for a month, whether any private party could bring it back since by the charge the new channel became juris publici? However the Lords found that the town and the heritors had right opere manufacto to bring back the river to the former channel being within their own ground. But there was a great diversity of opinions, and some thought the last words superfluous, and that if they could at all bring it back, they might do it opere manufacto, though not within their own ground.
The electronic version of the text was provided by the Scottish Council of Law Reporting