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Scottish Court of Session Decisions >>
Earl of Haddington v Feuars of Melross. [1681] Mor 10871 (00 January 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor2610871-128.html
What Title requisite in the Positive Prescription.
Subject_3 SECT. VII.
What Title requisite for Thirlage?
Earl of Haddington v. Feuars of Melross
1681.
January. Case No. No 128.
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Found, that immemorial possession of coming to an abbot's mill did not induce a thirlage, unless the pursuer had bond, act, or rollment of Court, or decreet of abstraction, before the 40 years possession, to be a title of prescription; and that the abbot's charter of the barony cum molendinis et multuris, was not a sufficient title against the vassals, who had their feus from the abbot free of astriction.
Fol. Dic. v. 2. 105. Harcarse, (Thirlage, Supplement) No 7. 295.
