BAILII
British and Irish Legal Information Institute


Freely Available British and Irish Public Legal Information

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir Ludovick Grant v Ross of Kilravock. [1764] Mor 12801 (6 July 1764)
URL: http://www.bailii.org/scot/cases/ScotCS/1764/Mor3012801-025.html
Cite as: [1764] Mor 12801

[New search] [Printable PDF version] [Help]

[1764] Mor 12801      

Subject_1 PROPERTY.

Sir Ludovick Grant
v.
Ross of Kilravock

Date: 6 July 1764
Case No. No 25.

Click here to view a pdf copy of this documet : PDF Copy

In a private river a mussel-scalp belongs to the proprietor of the ground adjacent; in a public river it belongs, like white-fish, to the public, and consequently the use of it is open to every one of the lieges. But as such general use tends to root out every mussel-scalp, expediency, supported by practice, has introduced a prerogative in the Crown, of gifting mussel-scalps to individuals, which has the effect to preserve them by the exclusive use given to the grantees.

Upon this ground, a grant from the Crown to Rose of Kilravock of the mussel-scalps in the river of Findhorn, which is a public river, supported by long possession, was preferred before a similar grant to the Laird of Grant of a later date.

Fol. Dic. v. 4. p. 177. Sel. Dec. No 218. p. 282.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

About BAILII - FAQ - Copyright Policy - Disclaimers - Privacy Policy amended on 25/11/2010