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Scottish Court of Session Decisions >>
Caskiben v Clerk. [1612] Mor 15963 (29 January 1612)
URL: http://www.bailii.org/scot/cases/ScotCS/1612/Mor3615963-011.html Cite as:
[1612] Mor 15963
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In an action of reduction of a decreet by one called Clerk against the Laird of Caskiben, the Lords found, that he who was infeft cum molendinis et multuris in the general clause, could not by any subsequent deed of his superiors be astricted to pay any knaveship to the mill of the lordship, because, being free of the mill, he cannot be subject to knaveship, which is only the fee of a service: He who is infeft in his lands for payment of his duty, and such a quantity pro aridis multuris, is free to carry and grind his corn where he pleases, paying the dry multures to his over-lord, contained in his infeftment. In double feus the first confirmation prevails, albeit both the feus have been granted before the Reformation of religion, and that the confirmations have been granted by the Pope before the Reformation.
