Difference between Servitudes and Personal Rights. - Servitude implies a proper Dominant Tenement. - Servitude to a Barony.
Jaffray v. Duke of Roxburgh
Date: 18 February 1755 Case No. No. 20.
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The Lords found, that the inhabitants of Kelso had been immemorially in possession of, and had thence acquired a right of servitude of bleaching and drying their linen on the island of Ana. This decision was reversed on appeal, on the ground, that no such servitude was acknowleged by the law of Scotland. See No. 22. infra.
