Duke of Roxburgh v Jeffrey and Others, (Kelso Case): HL 18 Mar 1757

Burgh. – Dues and Customs- Servitude- Prescription.-
1st, Held though the merchants of Kelso could produce no charter or seal of cause, yet that they were a burgh of barony by the charter in favour of the Earl of Roxburgh erecting his lands and the town into a barony. But, 2 d, That their right of entering burgesses, andc., was subject to his regulation and control. 3 d, That they were not entitled to uplift the dues and customs, and their claim to have the past dues and customs applied to the common good of the burgh was prescribed. 4 th, That though they had immemorial possession of a right of bleaching skins, and drying and washing linen on the island of Ana, yet they had not acquired any servitude over it.

Citations:

[1757] UKHL 1 – Paton – 632

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 21 July 2022; Ref: scu.558238