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Scottish Court of Session Decisions >>
Fenton v Tenants. [1610] Mor 10849 (4 December 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor2610849-112a.html Cite as:
[1610] Mor 10849
What Title requisite in the Positive Prescription.
Subject_3 SECT. VII.
What Title requisite for Thirlage?
Fenton v. Tenants
Date: 4 December 1610 Case No. No 112a.
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He who is infeft in a mill, with the multures of the lands of a barony, pursuing for the multures of abstracted corns, and especially of corns quæ erant invicta, and tholed fire and water in the barony whereof he alleged he had had possession according to his infeftment relative to the multures used and wont, the lords would not sustain his summons for corns inbrought within the barony, and tholed fire and water, unless he would either allege infeftment per expressum, or an act of thirlage before the defender's feus.
