The Kirk Session of Dumfries v. The Incorporation of Squaremen there
Date: 18 February 1783 Case No. No 7.
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The Incorporation of Squaremen in the burgh of Dumfries having been in use, from a very remote period, to let out mort-cloths for hire, the kirk session of the parish, in the year 1781, instituted an action for having it found, that they had the sole and exclusive right of doing so. In support of this action they referred to the following decisions, Turnbull and Kirk Session of Kippan contra M'Claws, No 3. p. 8013.; and Kirk Session of Killwinning contra Trades, ib. cit.
Observed on the Bench; The right which the kirk sessions in Scotland enjoy, of letting out mort-cloths for hire, when followed with immemorial possession, has been found to establish an exclusive right to the emoluments arising from this sort of traffic. Here, however, the defenders having been, beyond the years of prescription, in the practice of letting out mort-cloths, there is no foundation for the present action.
The Lords “assoilzied the defenders, in respect of the long possession had by them.”
Lord Reporter, Stonefield.Alt. Crosbie.Alt. Elphinston.Clerk, Robertson.
Fol. Dic. v. 3. p. 373. Fac. Col No 94. p. 146.
