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Alex Duke of Gordon v Sir James Grant, Bart, Colonel James Grant, Colonel Alexander Grant, The Earl of Fife, and Others: HL 22 Mar 1776

Cruive Dykes – Cruive Fishing – Floating Timber down a River. – Circumstances in which a party was held to have a cruive fishing, and entitled to erect dykes for that purpose, but so as not to obstruct the floating down the river to the sea, the wood and timber belonging to the superior heritors.
This was a dispute between the appellant and the respondents being heritors on the banks of the river Spey, as to the right of cruive fishing in that river claimed by the appellant, and which the respondents contended he had not; action was brought to declare their respective rights.
It was stated that the former Duke of Gordon had raised action to have his right of tugnet fishing in the sea at the mouth of the river Spey, and likewise to have his right to a currach, cobble and spear fishing in the said river declared; but no conclusion was made as to a cruive or dyke fishing.

[1776] UKHL 3 – Paton – 679
Bailii
Scotland

Agriculture

Updated: 13 January 2022; Ref: scu.561840

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