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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Milne Home and Others v. Allan and Others [1865] ScotLR 1_19_1 (9 November 1865)
URL: http://www.bailii.org/scot/cases/ScotCS/1865/01SLR0019_1.html
Cite as: [1865] SLR 1_19_1, [1865] ScotLR 1_19_1
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SCOTTISH_SLR_Court_of_Session
Page: 19↓
Court of Session Inner House First Division.
v.
Mrs Milne Home of Wedderburn, proprietor of the lands and barony of Eyemouth, with consent of certain proprietors of houses and other heritable property in Eyemouth, raised this action against the defenders, who are trustees of the harbour of Eyemouth under the Act of Parliament 2 Vict, c. 36, to have it declared that the defenders had no right to carry away sand, shingle, gravel, rock, stones, or
Page: 20↓
other materials from the sea beach or sea shore of the bay of Eyemouth, extending from the mouth of the harbour of Eyemouth northward to the Fort of Eyemouth. The defence was that under their Act of Parliament the trustees were entitled to take ballast from the sea shore for the purposes of navigation, as had been done from time immemorial.
To-day, after hearing Mr Millar for the pursuers, the Court adhered to the interlocutor of the Lord Ordinary, with this variation, that the proof to be allowed should be before answer, and under reservation to both parties of all questions of title. The pursuers were found liable in expenses since the date of the Lord Ordinary's interlocutor.
Counsel for the Pursuers— Mr Gordon and Mr Millar. Agents— Messrs Adam & Sang, S.S.C.
Counsel for the Defenders—The Solicitor-General and Mr Gifford. Agent— Mr James Renton jun., S.S.C.