BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

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] ScotLR 1_19_1, [1865] SLR 1_19_1

[New search] [Printable PDF version] [Help]

SCOTTISH_SLR_Court_of_Session

Page: 19↓

Court of Session Inner House First Division.

1 SLR 19_1

Milne Home and Others

v.

Allan and Others.

Headnote:

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.

 Judgment:

Lord Jerviswoode held that, as the parties were at issue in regard to facts material for the decision of the case, there should be a proof allowed. Against this interlocutor the pursuers reclaimed, and contended that the facts as to which the parties were at issue were not material, the question being one dependent solely on the construction of Mrs Home's titles and the defenders' Acts of Parliament.

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:

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.

 1865

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1865/01SLR0019_1.html