Scottish Court of Session Decisions

Subject_1 PROPERTY.

M'Kenzie of Rosehaugh
v.
Robertson

Date: 2 November 1750
Case No. No. 9.

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Mr M'Kenzie had on the water of Eright a timber work betwixt two rocks, that dams up the whole, and suffers no salmon to pass, commonly called the Keith of Rattray. Robertson of Balnakeilly, and others, heritors above him, pursued a declarator for having it removed, as contrary to law, with concourse of the Procurator-Fiscal, at least to have it regulated in the same way as cruives. There was some question on the pursuers' title, but as one of the pursuers produced an infeftment containing salmon-fishing from the Duke of Athole, who had the like infeftment from the Crown, we sustained his title; but in respect of the pursuer's infeftments produced, as old as 1614 and 1682, in the salmon-fishings of the Keith of Rattray, ratified in Parliament 1685, and immemorial possession, we found that it cannot now be taken away, five to four. The President gave no opinion.