To
maintain its current level of service, BAILII urgently needs the
support of its users.
Since you use the
site, please consider making a donation to celebrate BAILII's 25
years of providing free access to law. No contribution is too small.
If every visitor this month gives just £5, it will have a
significant impact on BAILII's ability to continue providing this
vital service.
Thank
you for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Stewart v Grant of Elchies. [1698] Mor 10644 (26 January 1698)
URL: https://www.bailii.org/scot/cases/ScotCS/1698/Mor2510644-041.html Cite as:
[1698] Mor 10644
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.