If you found BAILII useful today, could you please make a contribution?

Your donation will help us maintain and extend our databases of legal information. No contribution is too small. If every visitor this month donates, it will have a significant impact on BAILII's ability to continue providing free access to the law.

Thank you very much for your support!


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

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Stewart v Grant of Elchies. [1698] Mor 10644 (26 January 1698)
URL: http://www.bailii.org/scot/cases/ScotCS/1698/Mor2510644-041.html
Cite as: [1698] Mor 10644

[New search] [View without highlighting] [Printable PDF version] [Help]


[1698] Mor 10644      

Subject_1 POSSESSORY JUDGMENT.
Subject_2 SECT. V.

In what Subjects Possessory Judgment takes place.

Stewart
v.
Grant of Elchies

Date: 26 January 1698
Case No. No 41.

Click here to view a pdf copy of this documet : PDF Copy

In a process of abstracted multures, the defender having pleaded a possessory judgment upon a right to his lands cum molendinis et multuris, in consequence of which right he had a miln upon his own ground, and did grind his corns there above seven years; it was answered, That thirlage is res incorporea, no more capable of possession than annualrents or other debita fundi.—The Lords sustained the possessory Judgment.

Fol. Dic. v. 2. p. 91. Fountainhall.

*** See the particulars of this case voce Thirlage.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1698/Mor2510644-041.html