Earl of Zetland v. Tennent's Trustees

Subject_1 Salmon-fishing Subject_2 Prescription Subject_3 Medium filum. Facts: Upon a title to “the salmon-fishings pertaining to lands” which were washed by a river: Exclusive possession for the prescriptive period exercised at stations or banks ex adverso of said lands, and beyond the medium filum of the stream, held to give right to the salmon-fishings at these stations.

The summons in this suit, at the instance of the Earl of Zetland against the trustees of the late Hugh Tennent, Esquire, of Errol, concludes that “it ought and should be found and declared that the pursuer has good and undoubted right to the salmon-fishings in the river Tay between Corbieden, on the east, and the Pow of Lindores, on the west, and that from the south shore as far as the middle line of the said river, and including the Page: 287 ↓

The Lord Ordinary, after a proof, pronounced the following interlocutor:—

Note. —Whatever may be the result of the renewed litigation regarding the subject-matter of the present process in its future progress, it appears to the Lord Ordinary that he cannot, consistently with former judgments, come to any conclusion here other than that to which the present interlocutor gives effect.”

Authorities— Wedderburn v. Paterson , 2 Macph. 902 ; Earl of Zetland , 6 Macph. 292 , aff. 8 Macph. 144 ; Milne , 13 D. 112 ; Hepburn , 2 S. 525 ; Young , M. 9636; Macbrair , 9 Macph. 913 ; Stuart v. M'Burnet , 5 Macph. 753, aff. 6 Macph. (H.L.) 123.