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1
Decisions of the Court of Session, 1781-1822: in the form of ...
Servitude — Thirlage — Grindable corns explained, by usage and relative
writings, to mean thirlage of all growing grain. Mylne, &c. v. Kyd, Dl. 728. Thirlage
of grindable grain construed by usage to mean growing grain. Beattie v. Low, Dli.
729.
Scotland. Court of Session, David Hume,
1839
2
The Institutions of the Law of Scotland, Deduced from Its ...
Note W. Thirlage, how construed. miawwmwwma Extinction of thirlage. v.
Denbolm, 29. July 1757, (16039). And a similar decision was pronounced as to a
mill for grinding French barley, in Macleod v. Roberts, 29. July 1757, (16037); but
the ...
3
Decisions of the Lords of Council and Session: From 1766 to 1791
The question is, Whether does the warrandice in a lease imply an exemption
from the consequences of the thirlage : the tenant must certainly carry his grain to
some mill. The master warrants that the tenant shall possess the subject, but not ...
Scotland. Court of Session, Sir David Dalrymple, Mungo Ponton Brown,
1826
4
An Institute of the Law of Scotland
Book II. Possession likewise ascertains the services where writing is wanting.
Declarator of astriction and action of abstracted multures. 31. The services of
thirlage described above, § 19., may be classed among the naturalia of that
servitude.
John Erskine (Juriste),
1824
5
The institutions of the law of Scotland: deduced from its ...
But a Decreed against the Tennents for astricted Multures, and immemorial
poflession, wfcs\ found to constitute Thirlage to the Miln of the Barony, albeit the
Defender was Infest cum mokndis. prior to the /nfeftment of the Heretor of the Miln
, and ...
James Dalrymple Stair (Viscount of),
1693
6
Cases decided in the House of lords, on appeal from the ...
... and containing a precept of clare* and all other ' clauses usual in feu-
dispositions ; and that it also subjects the c feuars'of the said lands to the thirlage
of bringing their whole ' grain and other stuff, and corn they shall happen to grind,
to * the ...
Great Britain. Parliament. House of Lords, James Wilson, Patrick Shaw,
1829
7
The decisions of the Court of Session: from its first ...
The defender alleged, That the clause of warrandice being general, without
mentioning astriction, it was not contravened by the bond of thirlage, because it
infers no eviction of the lands, but such an ordinary burden as lies commonly
upon ...
Scotland. Court of Session, William Maxwell Morison,
1811
8
Principles of the Law of Scotland
l Q. II l 2 I scription of thirlage was required in a Barony Mill (I2) ; but the favour for
freedom has relaxed this rule, and it is only when a Baron is infeft in the barony
mill and multures thereof that he can claim thirlage, or the use of resorting to the ...
George Joseph Bell, William Guthrie,
1872
9
An Institute of the Law of Scotland: In Four Books : in the ...
Hence the seisin of a mill, with the multures of certain lands, joined with forty
years' possession of the insucken multures of these lands, "was adjudged
sufficient to constitute a prescriptive thirlage against the owner, though he was,
previously ...
John Erskine, James Ivory,
1824
10
An Institute of the Laws of Scotland in Civil Rights: With ...
How the maxim,- Rts sm nemini smit, consist. ent with the thirlage of one's lands
to his own mill. I. 685. ib. The heretor may thirl his lands to mother's mill . without
wronging the tenants, I. ib. 42. -_or dispone his mill with the multures of his-own ...
Lord Andrew MacDowall Bankton,
1753