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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Breadalbane v Menzies, &c. [1740] 1 Elchies 339 (16 July 1740)
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Subject_1 PRESCRIPTION.
Earl of Breadalbane
v.
Menzies, &c
1740 ,July 16 .
Case No.No. 21.
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The Lords found that servitude of pasturage and sheilling upon a Royal forest may be acquired by prescription, and that Culdares and Kirknock have prescribed the same; and remitted to the Ordinary to hear parties as to the extent of the servitude, both as to the limits of the ground and the number of cattle. I had no difficulty as to any part of this but the first, whether by the law of Scotland a servitude is prescriptible, notwithstanding the acts of Parliament, on a Royal forest
The electronic version of the text was provided by the Scottish Council of Law Reporting