BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, 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!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Mr John M'Leod v Vassals of Muiravenside. [1727] Mor 10874 (5 July 1727)
URL: http://www.bailii.org/scot/cases/ScotCS/1727/Mor2610874-133.html Cite as:
[1727] Mor 10874
What Title requisite in the Positive Prescription.
Subject_3 SECT. VII.
What Title requisite for Thirlage.
Mr John M'Leod v. Vassals of Muiravenside
Date: 5 July 1727 Case No. No 133.
Click here to view a pdf copy of this documet : PDF Copy
A superior having feued out his barony to his vassals, astricting their omnia grana crescentia to the mill of his barony, the vassals, past memory of man, paid multure for the growing corns of all kinds, without any distinction betwixt stock and teind; but at last the vassals conceived that the stock only, and not the teind, (which never belonged to the superior) was included in the aforesaid astriction, they, for that reason, abstracted their teinds, and refused to pay multure for the same. It was argued, on the other side, That the words of the astriction carried teinds as well as the other growth of the lands, and therefore should the titular even draw the teinds, ipsa corpora, the vassal must be liable in an equivalent of dry multure. The Lords found, That the vassals, during the years of prescription, being in use to bring their whole corns growing upon their lands to be grinded at the superior's mill, without demanding any abatement upon account of teind, relevant to include the teind within the astriction. See Appendix.
